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Agenda 09/13/2011 Item #17A.9/13/2011 Item 17.A. EXECUTIVE SUMMARY CU- PL2010 -166, Yahl Mulching & Recycling, Inc., a Resolution of the Board of Zoning Appeals of Collier County, Florida providing for the establishment of a Conditional Use to allow a collection and transfer site for resource recovery within an Agricultural (A) zoning district pursuant to Subsection 2.03.01.A.1.C.12 of the Collier County Land Development Code for property located at 2250 Washburn Avenue in Section 31, Township 49 South, Range 27 East, Collier County, Florida. OBJECTIVE To have the Board of Zoning Appeals (BZA) consider an application for Conditional Use to allow a collection and transfer site for resource recovery within an Agricultural (A) zoning district pursuant to Subsection 2.03.01.A.1.C.12 of the Collier County Land Development Code (LDC); and to insure that the community's interests are maintained. CQN IDERATIONS: The purpose of this petition is to obtain a Conditional Use approval to allow a collection and transfer site for resource recovery facility (for Construction and Demolition Recycling (C &D), which is located in the Rural Agricultural zoning district. The subject 28.7± acre site has an existing mulching and recycling facility. In 2010 there was an approved GMP (Growth Management Plan) amendment for a C &D land use on this site, GMP Amendment CP- 20084. The site has had a Provisional Use for excavation since 1991, resolution number 91 -747. The site has also had three subsequent Conditional Uses related to mulching and recycling uses. (Please see Attachment A: Previous Resolutions): l Resolution number 98 -27 approved on January 27, 1998 for 5.19 acres of Sawmills (Mulching and Horticultural Recycling); 2. Resolution number 2000 -57, for an additional 5.19 acres, approved on February 22, 2000 for a Sawmill; 3. Resolution number 02 -263, to expand to 27.9 acres, approved June 11, 2002 for a mulching and recycling facility. The facility is located south and east of Washburn Avenue, a privately owned road that has been voluntarily paved and maintained by the property owner. As previously stated, the subject site has an existing mulching and recycling facility that was approved through Conditional Uses. There are approximately 25,000± square feet of storage, office and workshop area proposed. The required parking of 50 spaces will be met by existing and proposed parking spaces. Vehicular access is provided by six points onto Washburn Avenue. The site is buffered by portions of an existing landscape buffer along the portion of Washburn Avenue that runs east/west. There are 11.73± acres of preserve area provided along the east and south property lines as well as in the middle of the site. A Type D landscape buffer, which is trees located 30 feet on center and a 3 -foot height hedge, is proposed along the portion of CU- PL2010- 166,Xahl Muffing & Recycling, Inc. August 9, 2011 Page 1 of Packet Page -3384- 9/13/2011 Item 17.A. Washburn Avenue that runs north/south. A Type A landscape buffer, which is trees located 30 feet on center, is proposed along the east property line of the site where there is no conservation area. Lastly, the hours of operation for the facility are from 6 :30 a.m. to 5:00 . p.m,, Monday through Saturday. There is no proposed site lighting due to the daytime operation of the facility. FISCAL RdPACT• Approval of the Conditional Use, in and of itself, would have no fiscal impact on Collier County. There is no guarantee that the project, at build out, would maximize its authorized level of development, however, if the use were approved, a portion of the existing land would be developed and the new development would result in an impact on - Collier County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Please note that impact fees and taxes collected were not included in .the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP)TMPACT• Future Land Use Element (FLUE): Application materials describe the site as "partially cleared and improved" with "existing mulching and recycling facilities ". The parcel zoned A, Rural Agricultural, lies within the Rural Fringe Mixed Use (RFMU) Sending Lands [zoning] Overlay, and within the North Belle Meade [zoning] Overlay. It is approved with a Conditional Use allowing for the "Mulching and Recycling Facility ". County records indicate zoning activity as early as 1991, when a Provisional Use for a "Excavation" was granted, plus a series of Conditional Uses, beginning in 1998, when the "Sawmill (Mulching and Horticultural Recycling)" use was approved. The Future Land Use Map designates the subject property Agricultural/Rural, Rural Fringe Mixed Use District (RFMUD) Sending Lands, North Belle Meade Overlay (NBMO). > Based on the detailed GMP analysis contained in the staff report, the Comprehensive Planning staff finds the requested conditional uses consistent with the Future Land Use Element of the Growth Management Plan. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not review this petition because the site was previously reviewed by the EAC as part of the Growth Management Plan Amendment which was adopted last year. CU- PL2010- 166,Yahl. Mulching & Recycling, Inc. August 9, 2011 Page 2of5 Packet Page - 3385 9/13/2011 Item 17.A. COLLIER COUNTY PLANNING COMMISSION fCCPCI RECOMMENDATION• The CCPC heard petition CU- PL2010 -166 on July 21, 2011, and by a unanimous vote of 8 to 0 (Commissioner Klien was absent) recommended to forward this petition to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to the following Staff conditions of approval: 1. This project shall reserve 130 feet along the southern property boundary for future road right -of -way. This future right of way reservation coincides with the current boundary recommended by the County's "Wilson/Benfield Corridor" study. 2. The property owner shall maintain a dumpster on site to properly dispose of solid waste. The only waste products permitted to be stored on site shall be C &D (Construction and Demolition) materials waiting to be ground or otherwise transported off site. There shall be no permanent storage of solid waste on site. 3. The concrete grinder shall not be operated within 150 feet of any property line. 4. The maximum height of piles for C &D material waste waiting to be recycled and /or transported shall be ten (10) feet. 5. During maintenance or cleaning, the concrete grinder shall only be operated with a cover in place. 6. There shall be a maximum of twenty (20) dump trucks and forty -five (45) roll -off containers stored on site. 7. The concrete grinder shall only be operated, maintained or cleaned between the hours of 8:00 a.m. to 5:00 p;m., Monday through Friday and shall not operate on days classified as holidays for Collier County employees as well as Columbus Day. 8. On site diesel fuel storage shall not exceed 500 gallons. On site gasoline storage tanks are not permitted. Gasoline storage containers up to five (5) gallons in size are permitted for yard work, etc. 9. Ma_ intenance and repair services to dump trucks, roll -off containers and the end loader shall be limited as follows: (a) Dispensing of diesel fuel and oils. (b) Servicing of spark plugs, batteries, distributors and distributor parts. (c) Removing, remounting, balancing repair and installation of tires. . Recapping/re-grooving of tires and wheel alignments are not permitted. (d) Replacement of water hoses, fan belts, brake fluid, light bulbs, fuses, wiper blades, grease retainers, wheel bearings, shock absorbers, mirrors, exhaust systems and similar items. CU- PL2010- 166Yahl Mulching & Recycling, Inc. August 9, 2011 Page 3 of 5 Racket Page - 3386 -. 9/13/2011 Item 17.A. (e) Provision of water, antifreeze, flushing of the cooling system, and air condition recharge. (f) Washing, buffing and steam cleaning. (g) Servicing of fuel pumps and fuel lines. (h) Minor servicing of carburetors and fuel injection systems. (i) Electrical wiring repairs. G) Providing repair and replacement of brake rotors, drums and pads. (k) Minor motor adjustments not involving removal of the head or crankcase. (1) Lubrication, engine oil changes, transmission oil changes, and oil/air filter changes. (m) Minor welding and minor repainting but not frame straightening or major repainting. (n) The removal of engines, transmissions, rear differentials and 4 -wheel drive units shall not be permitted. 10. The concrete grinder shall be equipped with a dust suppression system which shall be operating at all times the grinder is operating for the purposes of grinding C &D material. 11. There shall be no other machinery or equipment stored on site which is unrelated to the C&D recycling operation and not used in the daily operation of the business. 12. The concrete grinder will be equipped and operated with deflectors to minimize flying debris. 13. Sprinklers shall sufficiently water working areas of the site at least twice daily to effectively control windborne dust. Additionally, water shall be applied to the crushed by- product material at all times that the crusher is in operation. Because no letters of objection has been received, this petition has been placed on the Summary Agenda. LEGAL CONSIDERATIONS: Before you is a recommendation by the Planning Commission for approval of a conditional use authorizing a collection and transfer site for resource recovery in the Agricultural (A) zoning district. A conditional use is a use that is permitted in a particular zoning district subject to certain restrictions. All testimony given must be under oath. The attached report and recommendations of the Planning Commission required are advisory only and are not binding on you. Petitioner has the burden of demonstrating that the necessary requirements have been met, and you may question Petitioner, or staff, to satisfy yourself that the necessary criteria has been satisfied. In addition to meeting the necessary criteria, you may place such conditions and safeguards as you deem appropriate to allow the use, provided that there is competent, substantial evidence that these additional conditions and safeguards are necessary to promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, or the general welfare of the neighborhood. As a further condition of approval of the conditional use, you may require that suitable areas for streets, public rights -of -way, schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use, subject to appropriate impact fee credits. Approval or denial of the Petition is by Resolution. The proposed Resolution was CU- PL2010 -166 Yahl Mulching & Recycling, Inc. August 9, 2011 Page 4 of 5 Packet Page -3387- 9/13/2011 Item 17.A. prepared by the County Attorney's Office and is legally sufficient for Board action. An affirmative vote of four is required for Board approval. (STW) RECOMMNDATION; Staff recommends that the BCC approve CU- PL2010 -166, as depicted in the attached resolution. PREPARED BY; Nancy Gundlach, Principal Planner, Land Development Services Growth Management Division, Planning and Regulation Attachments: .1) Staff Report 2) Location Map 3) Site Plan 4) Resolution 3) Previous Resolutions 4) Application 5) TIS (Transportation Impact Statement 6) EIS Environmental Impact Statement 7) SFWMD Permit i CU- PL2010- 166,Yahl >Mulching & Recycling, Inc. August 9, 2011 Page 5 of 5 Packet Page -3388- 9/13/2411 Item 17.A. COLLIER COUNTY Board of County Commissioners item Number: 17.A. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held-on this item, all participants are required to be sworn in.. CU- PL2010 -166: Yahl Mulching & Recycling, Inc. - A Resolution of the Board of Zoning Appeals of Collier County, Florida providingfor the establishment of a Conditional Use to allow a collection and transfer site for resource recovery within an Agricultural (A) zoning district pursuant to Subsection 2.03.01.A.1.C.12 of the Collier County Land Development Code for property located in Section 31, Township 49 South, Range 27 East, Collier County, Florida. Meeting hate: 9/13/2011 Prepared By Name: GundlachNancy Title: Planner, Principal,Comprehensive Planning 12:23:16 PM Approved By Name: LorenzWilliam Title: Director - CDES Engineering Services ,Comprehensive Date: 8/10/20118:37:57 AM Name: PuigJudy Title: Operations Analyst, CDES Date: 8/10/20111:54:49 PM Name: Beil©wsRay Title: Manager Planning, Comprehensive Planning Date: 8110/20112:25-42 PM Name: WilliamsSteven Title: Assistant County Attorney,Coun% Attorney Date: 8/12/2011.10:20 :49 AM Name: MarcellaJeanne �\ Title: Executive Secretary,Transportaton Planning Packet Page - 3389;- f I 9/13/2011 Item 17.A. Date: 8/12/2011 2:35:00 PM Name: FederNorman Title: Administrator - Growth Management Div,Transportati Date: 8/15/20113 :14 :15 PM Name: KlatzkowJeff Title: County Attorney, Dater 8/19/20114:27:05 PM Name: IsacksonMark Title Director -Corp Financial and Mgmt Svs,CMO Date: 9/2/2011 10:1339 AM Name: IsacksonMark Title: Director -Corp Financial and Mgrnt Svs,CMO Date: 9/2/2011 10:57:39 AM Packet Page - 3390 - 111-\ Coiier County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: LAND DEVELOPMENT SERVICES DEPARTMENT HEARING DATE: JULY 21, 2011 SUBJECT: CU- PL2010 -166, YAHL MULCHING AND RECYCLING PROPERTY OWNER/AGENT: Property Owner: Fillmore LLC 2250 Washburn Avenue Naples, FL 34117 REQUESTED ACTION: Agent: Gina R. Green, P.E. Gina R. Green, P.A. 3310 1 st Avenue NW Naples, FL 34120 9/13/2011 Item 17.A. AGENDA ITEM 9 -I To have the Collier County Planning Commission (CCPQ consider an application for a Conditional Use for a collection and transfer site for resource recovery within a Rural Agricultural (A) zoning district as provided for in Subsection 2.03.01 A.l.c.12 of the Collier County Land Development Code.. GEOGRAPHIC LOCATION: The subject 28.7 ± acre site is located at 2250 Washburn Avenue and is located south and east of Washburn Avenue, east of the Naples Landfill and north of I -75 in Section 31, Township 49 South, Range 27 East, Collier County, Florida. (See the location map on the following page.) PURPOSE/DESCRIPTION OF PROJECT: The purpose of this petition is to obtain a Conditional Use approval to allow a Collection and Transfer Site for Resource Recovery Facility (for Construction and Demolition Recycling (C &D), which is located in the Rural Agricultural zoning district. The subject 28.7± acre site has an existing mulching and recycling facility. In 2010 there was an approved GMP (Growth Management Plan) amendment for a C &D land use on this site, GMP Amendment CP- 2008 -4. The site has had a Provisional Use for excavation since 1991, resolution number 91 -747. The site has also has three subsequent Conditional Uses related to mulching and recycling uses. (Please see Attachment A: Previous Resolutions) CU- PL2010 -166, YAHL MULCHING Page 1 of 13 7 -5 -11 Packet Page -3391- 9/13/2011 Item 17.A. .- / Z Packet Page -3392- Q O Z Z O N 0— c� G Z O Q U O J 0 a N J a D. U Z O_ H F- LU d a s `Gg U 2 rd� R n .2 - U � � d0 "e "e sq g 06 � LN e Packet Page -3392- Q O Z Z O N 0— c� G Z O Q U O J 0 a N J a D. U Z O_ H F- LU d /0-1*11 9/13/2011 Item 17.A. ® Stl g3 Z S a �� 3q8� FR ti Lg 1111 0 II BA s "_ jig � �`�� Zd ®d f Y� � 3p g Et @mgos� Z S $ 5 N w = o ° I ° h . • . . .. p,,t o 1 66: w Z. • m, . or V) Z. k�u § ®� � I W' � �: gym,• c� wi � � ��YTNf � � � • w 2 la °, �a= I p = Zm I , 4 NO ff . Q = t Z' . . . �md. J • O . • . . . 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Resolution number 98 -27, approved on January 27, 1998 for 5.19 acres of Sawmills (Mulching and Horticultural Recycling); 2. Resolution number 2000 -57, for an additional 5.19 acres, approved on February 22, 2000 for a Sawmill; 3. Resolution number 02 -263, to expand to 27.9 acres, approved June 11, 2002 for a mulching and recycling facility. The facility is located south and east of Washburn Avenue, a privately owned road that has been voluntarily paved and maintained by the property owner. As previously stated, the subject site has an existing mulching and recycling facility that was approved through Conditional Uses. There are approximately 25,000± square feet of storage, office and workshop area proposed. The required parking of 50 spaces will be met by existing and proposed parking spaces. Vehicular access is provided by six points onto Washburn Avenue. The site is buffered by portions of an existing landscape buffer along the portion of Washburn Avenue that runs east/west. There are 11.73± acres of preserve area provided along the east and south property lines as well as in the middle of the site. (See Site Plan on previous page and Aerial on the next page). A Type D landscape buffer, which is trees located 30 feet on center n and a 3 -foot height hedge, is proposed along the portion of Washburn Avenue that runs north/south. To better screen the facility, Staff has proposed a Condition of Approval to maintain the hedge height at 6 feet. A Type A landscape buffer, which is trees located 30 feet on center, is proposed along the east property line of the site where there is no conservation area. According to the applicant, the hours of operation for the facility are from 6:30 a.m. to 5:00 p.m., Monday through Saturday. There is no proposed site lighting due to the daytime operation of the facility. This site is outside of the service area for County provided water and sewer service. The site presently has water service provided by a private potable well and a fire protection provided by a fire well. Sewer collection and treatment is accommodated by a sewer service septic system. The application indicates that roll -off dumpsters are used for collecting the waste for recycling and can be a variety of sizes such as 10, 15, 20, 30, 40 and 50 cubic yard sizes. The dumpsters are delivered off -site, filled and then brought to this facility for sorting of the various types of debris. The wastes that are not recyclable are sent to the landfill for disposal and all other recyclable debris are transferred to another facility for processing. The only products that are processed on this site are the horticultural waste and concrete products. The concrete products are ground to a material that is suitable for road maintenance on -site or for sale to the public for a similar use. A picture of a typical roll-off dumpster is provided on the proceeding page. CU- PL2010 -166, YAHL MULCHING Page 5 of 13 7 -5 -11 Packet Page -3395- 9/13/2011 Item 17.A. SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: The site is currently partially developed, in the Rural Agricultural (A) zoning district SURROUNDING: North: Washburn Avenue, then land developed with a mobile home, a plant nursery and a land fill in the A (Rural Agricultural) zoning district East: Land developed with a single family residence and vacant land in the A (Rural Agricultural) zoning district South: I -75 and undeveloped land in the A (Rural Agricultural) zoning district West: Vacant land and land developed with a radio tower, and a land fill in the A (Rural Agricultural) zoning district GU- PL2010 -166, YAHL MULCHING Page 6 of 13 7 -5 -11 Packet Page -3396- 9/13/2011 Item 17.A. Aerial GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY• Future Land Use Element (FLUE); Application materials describe the site as "partially cleared and improved" with "existing mulching and recycling facilities ". The parcel zoned A, Rural Agricultural, lies within the Rural Fringe Mixed Use (RFMU) Sending Lands [zoning] Overlay, and within the North Belle Meade [zoning] Overlay. It is approved with a Conditional Use allowing for the "Mulching and Recycling Facility ". County records indicate zoning activity as early as 1991, when a Provisional Use for a "Excavation" was granted, plus a series of Conditional Uses, beginning in 1998, when the "Sawmill (Mulching and Horticultural Recycling)" use was approved. The Future Land Use Map designates the subject property Agricultural/Rural, Rural Fringe Mixed Use District ( RFMUD) Sending Lands, North Belle Meade Overlay (NBMO). The present RFMUD Sending Lands designation allows" participation in the Transfer of Development Rights (TDR) program, agricultural uses consistent with the Florida Right to Farm Act, habitat preservation and conservation, single- family residences at a 1 dwelling unit per 40 acres or legally nonconforming parcel density, non - residential uses (e.g. passive recreation, CU- PL2010 -166, YAHL MULCHING Page 7 of 13 7 -5 -11, Packet Page -3397- 9/13/2011 Item 17.A. essential services, sports and recreation camps, oil and gas exploration, development and production), and limited accessory commercial uses. The GMP provisions for Sending Lands' Conditional Uses are found [in part) on page 77 of the FLUE as: 8. Conditional Uses: a) The following uses are conditionally permitted subject to approval through a public hearing process (5) Facilities for resource recovery and for the collection, transfer, processing and reduction of solid waste, for a 29± acre property located within the southwest quarter of the southwest quarter of Section 31, Township 49S, Range 27E, provided previously cleared or disturbed areas are utilized to minimize impacts to native habitats such that existing conservation easement areas remain protected from expanding uses. This shall not be interpreted to allow for the establishment or expansion of facilities for landfilling, dryfilling, incinerating, or other method of solid waste disposal. Transportation Element: Transportation Planning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and n has determined that this project can be found consistent with policies 5.1 of the Transportation Element of the Growth Management Plan. White Lake Boulevard Impacts: The first roadway link that would be impacted by this project is White Lake Boulevard, which connects to Collier Boulevard north of I -75. The project would generate up to 36 p.m. peak hour, directional trips on this link, which represents a 4.74 percent impact. White Boulevard is not an adopted concurrency link, so remaining capacity is not measured in the adopted 2010 AUIR (Annual Urban Inventory Report). CR -951 Impacts: The first concurrency link that would be impacted by this project is Link 32.2, Collier Boulevard between Golden Gate Parkway and I -75. Without consideration for project interaction with the County Landfill, the project would generate up to 18 p.m. peak hour, peak direction trips on this link, which represents a 0.73 percent impact. This concurrency link reflects a remaining capacity of 287 trips in the adopted 2010 AUIR and is at Level of Service "D ". With consideration for project interaction with the Landfill, the impact to Collier Boulevard would be 9 p.m. peak hour trips, an impact of 0.37 percent. No subsequent links of Collier Boulevard require analysis beyond the first impact. Furthermore, Collier Boulevard is included in the 5 year CIE (Capital Improvement Element) n with improvements shown to be planned in fiscal year 2012. Design plans (as of September, CU- PL2010 -166, YAHL MULCHING Page 8 of 13 7 -5 -11 Packet Page -3398- 9/13/2011 Item 17.A. 2009) indicate a widened portion of Collier Boulevard between the Golden Gate Main Canal and Davis Boulevard, covering portions of two separate concurrency segments. Condition of Approval: In order to find the Project consistent with the `Needs' and `Financially Feasible' maps found in the County's adopted Long Range Transportation Plan (Maps 10 -2 and 12 -1, respectively), Transportation Division recommends the following condition which has been incorporated into the Conditions of Approval: 1. This project shall reserve 130 feet along the southern property boundary for future road right - of -way. This future right of way reservation coincides with the current boundary recommended by the County's "Wilson/Benfield Corridor" study. Based upon the above analysis, Comprehensive Planning staff concludes that the proposed Conditional Use for construction and demolition recycling in the Agricultural/Rural designation may be deemed consistent with the Future Land Use Element of the Growth Management Plan. ANALYSIS: Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals (BZA), the Collier County Planning Commission (CCPC) must make findings that: 1) approval of the Conditional Use will not adversely affect the public interest and will not adversely affect other property of uses in the same district of the neighborhood; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Subsection 2.03.01 A.l.c.12., of the LDC permits Conditional Uses in the Rural Agricultural (A) zoning district. The requested use for a collection and transfer site for resource recovery is permitted as a conditional use in the Rural Agricultural (A) zoning district, subject to the standards and procedures established in section 10.08.00, Conditional Uses Procedures, of the LDC. 2. Consistency with the Land Development Code (LDC) and the Growth Management Plan (GMT). This request is consistent with the Growth Management Plan (GMP) and this project will be in compliance with the applicable provisions of the Land Development Code (LDC). 3. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Ingress and egress to the subject property is provided by six points along Washburn Avenue street frontage. One ingress and egress is provided along the portion of Washburn Avenue n which runs north/south. Five ingress and egress points are provided along the portion of Washburn Avenue that runs east/west. One of these five ingress and egress points serves the CU- PL2010 -166, YAHL MULCHING Page 9 of 13 7 -5 -11 Packet Page -3399- 9/13/2011 Item 17.A. scales located on the subject site and another serves as emergency access. Please note, that no new access points are proposed. 4. The affect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. As previously stated, the Mulching and Horticultural Recycling use has been in existence since 1991. It has historically had minimal impact on neighboring properties in relation to glare, economic or noise effects. Furthermore, the proposed C &D operation will be located adjacent to a conservation area. If the proposed Conditions of Approval are accepted, the Conditional Use for a collection and transfer site for resource recovery (C &D Recycling) that is an expansion of a 13 year old horticultural recycling use should have minimal impact on neighboring properties in relation to glare, economic or noise effects. 5. Compatibility with adjacent properties and other property in the district. The subject site is located east of the Collier County Landfill. As previously stated, the horticultural recycling facility has been in existence for nearly 13 years. The proposed collection and transfer use for resource recovery (C &D Recycling) should be compatible with the adjacent properties in the district. n Based on the above findings, this conditional use is recommended for approval. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC is not required to review this petition as the preserve boundary and Conservation Easement that were originally approved in 2002 have not been changed. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant duly noticed and held the required meeting on May 2, 2011, at 5:30 p.m. at the Golden Gate Community Center. One person along with the applicant and County Staff attended the meeting. No complaints were received at this meeting. For further information, see Attachment A: NIM Minutes. The meeting ended at approximately 6:00 p.m. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for CU- PL2010 -166 revised on July 5, 2011. n CU- PL2010 -166, YAHL MULCHING Page 10 of 13 7 -5 -11 Packet Page -3400- 9/13/2011 Item 17.A. RECONUdENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition CU- PL2010 -166 to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to the following conditions: 1. This project shall reserve 130 feet along the southern property boundary for future road right -of -way. This future right of way reservation coincides with the current boundary recommended by the County's "Wilson/Benfield Corridor" study. 2. The property owner shall maintain a dumpster on site to properly dispose of solid waste. The only waste products permitted to be stored on site shall be C &D (Construction and Demolition) materials waiting to be ground or otherwise transported off site. There shall be no permanent storage of solid waste on site. 3. The concrete grinder shall not be operated within 150 feet of any property line. 4. The maximum height of piles for C& D material waste waiting to be recycled and/or transported shall be ten (10) feet. 5. During maintenance or cleaning, the concrete grinder shall only be operated with a cover in place. 6. There shall be a maximum of twenty (20) dump trucks and forty five (45) roll-off containers stored on site. 7. The concrete grinder shall only be operated, maintained or cleaned between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday and shall not operate on days classified as holidays for Collier County employees as well as Columbus Day. 8. On site diesel fuel storage shall not exceed 500 gallons. On site gasoline storage tanks are not permitted. Gasoline storage containers up to five (5) gallons in size are permitted for yard work, etc. 9. Maintenance and repair services to dump trucks, roll -off containers and the endloader shall be limited as follows: (a) Dispensing of diesel fuel and oils. (b) Servicing of spark plugs, batteries, distributors and distributor parts. (c) Removing, remounting, balancing repair and installation of tires. Recapping /regrooving of tires and wheel alignments are not permitted. (d) Replacement of water hoses, fan belts, brake fluid, light bulbs, fuses, wiper blades, grease retainers, wheel bearings, shock absorbers, mirrors, mirrors, exhaust systems and similar items. (e) Provision of water, antifreeze, flushing of the cooling system, and air condition recharge. (f) Washing, buffing and steam cleaning. CU- PL2010 -166, YAHL MULCHING Page 11 of 13 7 -5 -11 Packet Page -3401- 9/13/2011 Item 17.A. (g) Servicing of fuel pumps and fuel lines. (h) Minor servicing of carburetors and fuel injection systems. (i) Electrical wiring repairs. 0) Providing repair and replacement of brake rotors, drums and pads. (k) Minor motor adjustments not involving removal of the head or crankcase. (1) Lubrication, engine oil changes, transmission oil changes, and oil/air filter changes. (m) Minor welding and minor repainting but not frame straightening or major repainting. (n) The removal of engines, transmissions, rear differentials and 4 -wheel drive units shall not be permitted. 10. The concrete grinder shall be equipped with a dust suppression system which shall be operating at all times the grinder is operating for the purposes of grinding C &D material. 11. There shall be no other machinery or equipment stored on site which is unrelated to the C &D recycling operation and not used in the daily operation of the business. 12. The concrete grinder will be equipped and operated with deflectors to minimize flying debris. 13. The required double row hedge along the Washburn Avenue right -of -way shall be maintained at a minimum 6 feet height. 14. Sprinklers shall sufficiently water working areas of the site at least twice daily to effectively control windborne dust. Additionally, water shall be applied to the crushed by- product material at all times that the crusher is in operation. PREPARED BY: CU- PL2010 -166, YAHL MULCHING Page 12 of 13 7 -5 -11 Packet Page -3402- n PREPARED BY: NANCY G L , AICP, PRINCIPAL PLANNER GROWTH AGEMENT DIVISION REVIEWED BY: RAY ND V. BELLOWS, ZONING MANAGER GROWTH MANAGEMENT DIVISION WILLIAM D. LORENZ, Jr., P.E., DIRE OR GROWTH MANAGEMENT DIVISION APPROVED BY: NIC . CASALANGU A, DEPL ° ADMYNISTRATOR GROWTH MANAGEMENT DIVISION Attachments: Attachment A Previous Resolutions Attachment B: NIM Minutes Attachment C: Resolution 9/13/2011 Item 17.A. \JML n ?I DATE 22.-11 DATE (, - Z ?- PI DATE DATE Tentatively scheduled for the September 13, 2011, Board of County Commissioners Meeting CU- PL2010 -166, YAHL MULCHING Page 12 of 12 6 -27 -11 Packet Page -3403- O Z n C r N O_ O r ^O J D O z N O z z O D jf NOT TO SDN.E 17.A. /13/2011 9/13/2011 Item C R. 851 COLDER BOULEVARD ;AT C. R. 951 COMER BOULEVARD jj55$$$ w ;p - + A -m � � N � P R �y �o D � m z � a � jf NOT TO SDN.E 17.A. ` ^ lit ItJov iu vA uj cl uj uj Lu IR Lj 41 1 Oil ONV �� Yu ya uS 71� HOP,, K'11.1 i" LM- I! iq t§ P" r W 4f AC z ii— su —0 f3e' A AREA All AoWA a, ry) It Ya JSbo VY VV 7-1 ya uS 71� Ao--I C4 t CY 0 z • W 4f AC z ii— su —0 f3e' co ry) It JSbo VY 7-1 < > Ao--I C4 t CY 0 z • W 4f AC z ii— su —0 co ry) Uz 11 _ 9/13/2011 Item 17.A. RESOLUTION NO. 11- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A COLLECTION AND TRANSFER SITE FOR RESOURCE RECOVERY WITHIN AN AGRICULTURAL (A) ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.01.A.1.C.12 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004 -41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use of a Collection and Transfer Site for Resource Recovery within an Agricultural (A) Zoning District pursuant to Subsection 2.03.0l.A.l.C.12 of the Collier County Land. Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Yahl Mulching & RecyclinglCU- PL2010 -166 1 of 2 Rev. 7/22/11 Packet Page -3407- 9/13/2011 Item 17.A. Petition Number CU- PL2010 -166 filed by Gina R. Green, representing Fillmore LLC, with respect to the property hereinafter described in Exhibit "A ", be and the same is hereby approved for a Conditional Use for a Collection and Transfer Site for Resource Recovery within an Agricultural (A) Zoning District pursuant to Subsection 2.03.0l.A.1.C.12 of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit "B" and subject to the conditions found in Exhibit "C ". Exhibits "A ", "B ", and "C" are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second, and super- majority vote, this day of 2011. ATTEST: DWIGHT E. BROCK, CLERK By: Deputy Clerk Approved as to form and legal sufficiency: Steven T. Williams Assistant County Attorney Attachments: Exhibit A - Legal Description Exhibit B - Conceptual Site Plan Exhibit C — Conditions of Approval CP\1I- CPS - 01079127 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, Chairman Yahl Mulching & RecyclinglCU- PL2010 -166; 2 of 2 Rev. 7/22/11 Packet Page -3408- w 9/13/2011 Item 17.A. LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST; THENCE, ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31, NORTH 89 058'41" EAST, A DISTANCE OF 343.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE, CONTINUING ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31, SOUTH 89 °59'49 EAST, A DISTANCE OF 1029.30 FEET; THENCE SOUTH 02 004'30" EAST, A DISTANCE OF 658.93 FEET; THENCE NORTH 89058'14" WEST, A DISTANCE OF 342.85 FEET; THENCE SOUTH 02 °05'32" EAST, A DISTANCE OF 55899 FEET; THENCE NORTH 89 °57'41" WEST, A DISTANCE OF 1029.48 FEET; THENCE NORTH 02 °07'49" WEST, A DISTANCE OF 558.60 FEET; THENCE SOUTH 89 °58'27 EAST, A DISTANCE OF 343).20 FEET; THENCE NORTH 02'03'36" WEST, A DISTANCE OF 658.67 FEET TO THE POINT OF BEGINNING. CONTAINING 11252,915 SQUARE FEET OR 28.763 ACRES, MORE OR LESS, EXHIBIT A Packet Page -3409- syll WAH +0 pla �F� 1' -'hX ♦24 ]�'� I f. Yji,_ C r} W R< ARM G 'd i }'n.:. E �e y is x }' �" A'° ty ff § �fi t- ♦£' n.t .a` fn J;' , ViP � ♦ � � s4' «i+♦« i -x« � N ;_ �¢ • i ! ' _ is I Ir r d r W jam' t I it � e' ♦ • , �. +'''� S . � ,�` °a j I � N � ZM ;"'� �P °•: �-- -f CV f PC` Ind _ ' Z r 1 f_+ � 1_� iY4 � �. � � F� � is � x i Y � ♦ s,� i %7 s 1 LU My oil �. = O CC.0 EDn. . 7�1z7C ED'—C i 14 aL a r ► _ _�� r.r- « 9 i3OHS 33S, Lb, n "s a3y. E, G tk t 5 a F£ a a£ F s E Y Pr r v2 t... .Q 4 Lj Q X �< A A.('`.RZA Jr • x � � I� 0 E s : ' • e � � __ "tai• I! t , C CON 0 Ji 1 A- �M1 i ^ .._ '1 .� •� __ '^ v3W+3M1?]i,. ?3e: �g f !' f � t'w,r,_ �.. s' �u 1i LULJ — Sri � "l f x • � , , t z�4t i � s \ Rim I L i it I } � Z .•-r z , ^ D 9/13/2011 Item W.A. CONDITIONS OF APPROVAL FOR CU- PL2010 -166 1. This project shall reserve 130 feet along the southern property boundary for future road right - of -way. This future right of way reservation coincides with the current boundary recommended by the County's "Wilson/Benfield Corridor" study. 2. The property owner shall maintain a dumpster on site to properly dispose of solid waste. The only waste products permitted to be stored on site shall be C &D (Construction and Demolition) materials waiting to be ground or otherwise transported off site. There shall be no permanent storage of solid waste on site. 3. The concrete grinder shall not be operated within 150 feet of any property line. 4. The maximum height of piles for C& D material waste waiting to be recycled and/or transported shall be ten (10) feet. 5. During maintenance or cleaning, the concrete grinder shall only be operated with a cover in place. 6. There shall be a maximum of twenty (20) dump trucks and forty five (45) roll -off containers stored on site. n 7. The concrete grinder shall only be operated, maintained or cleaned between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday and shall not operate on days classified as holidays for Collier County employees as well as Columbus Day. 8. On site diesel fuel storage shall not exceed 500 gallons. On site gasoline storage tanks are not permitted. Gasoline storage containers up to five (5) gallons in size are permitted for yard work, etc. 9. Maintenance and repair services to dump trucks, roll -off containers and the endloader shall be limited as follows: (a) Dispensing of diesel fuel and oils. (b) Servicing of spark plugs, batteries, distributors and distributor parts. (c) Removing, remounting, balancing repair and installation of tires. Recapping/regrooving of tires and wheel alignments are not permitted. (d) Replacement of water hoses, fan belts, brake fluid, light bulbs, fuses, wiper blades, grease retainers, wheel bearings, shock absorbers, mirrors, mirrors, exhaust systems and similar items. (e) Provision of water, antifreeze, flushing of the cooling system, and air condition recharge. (f) Washing, buffing and steam cleaning. - (g) Servicing of fuel pumps and fuel lines. (h) Minor servicing of carburetors and fuel injection systems. Pagel of 2 Rev. 7- 22 -11> EXHIBIT G Packet Page -3412- n 9/13/2011 Item 17.A. (i) Electrical wiring repairs. 0) Providing repair and replacement of brake rotors, drums and pads. (k) Minor motor adjustments not involving removal of the head or crankcase. (1) Lubrication, engine oil changes, transmission oil changes, and oil /air filter changes. (m) Minor welding and minor repainting but not frame straightening or major repainting. (n) The removal of engines, transmissions, rear differentials and 4 -wheel drive units shall not be permitted. 10. The concrete grinder shall be equipped with a dust suppression system which shall be operating at all times the grinder is operating for the purposes of grinding C &D material. 11. There shall be no other machinery or equipment stored on site which is unrelated to the C &D recycling operation and not used in the daily operation of the business. 12. The concrete grinder will be equipped and operated with deflectors to minimize flying debris. 13. Sprinklers shall sufficiently water working areas of the site at least twice daily to effectively control wndborne dust. Additionally, water shall be applied to the crushed by- product material at all times that the crusher is in operation. 9/13/2011 Item 17.A. F7A . RESOLUTION NO. 02- 2 6 3 A RESOLUTION PROVIDING FOR THE ESTABLISF34ENT OF CONDITIONAL USE "2" IN THE "A" ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91 -102) which includes a Comprehensive Zoning Ordinance esto ishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "2" of Section 2.2.2.3 in an "A" Rural Agricultural Zone for a mulching and recycling facility on the property hereinafter described, and has found as a matter of fact (Exhibit "A') that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by William L. Hoover, AICP, of Hoover Planning & Development, Inc., representing Jean Yahl, Yahl Mulching and Recycling, Inc., Washburn Realty, LLC, and Teresa Yahl- Fillmore, with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "2" of Section 2.2.2.3 of the "A Rural Agricultural Zoning District for a mulching and recycling facility in accordance with the Conceptual Master Plan (Exhibit "C'7 and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein -I- Packet Page _3414 -A 9/13/2011 Item W.A. " }�'' 7 F ■ BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this / //4vG day of Q� , 2002. IV _ V GIiT F- MUM- mpomnsiiiii;Qand 2 ®CK, Clerk K .4, .�� Legal Sufficiency: Marjor M. Student, Assistant County Attorney &dmin =- 2000 -22/ RESOLUTFON/SMAm BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: /49adw J S N. COLETTA, CHAIRMAN -2- Packet Page -3415- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR 9/13/2011 Item 17.A. 7A CU- 2000 -22 The following facts are found: 1. Section 2.2.2.3, of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes i" No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and n control, and access in case of fire or catastrophe: Adequate ingress & egress Yes d No C. Affects neighboring properties in relation to noise, glade, economic or odor effects: V No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes v- No Based on the above findings, stipulations, (copy attached) approval DATE: be" 16 - C. "Y this conditional use should, with (should t9 be recommended for CHAIRMAN: 11: Packet Page -3416- 9/13/2011 Item 17.A. 7A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2000 -22 The following facts are found: 1. Section 2.2.2.3 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the L ,aTfEf Development Code and Growth Management P1 Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian s ety and convenience, traffic flow and control and access in case of fire or catastrophe: Adequate ingress & e ess Yes No C. Affect neighboring properties in relation to noise, glar economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjac t properties and other property in the distri Compatible use thin district Yes LZ No Based on the above findings, this conditional use should, with stipulations, (co y attached) (should not) be recommended for approval \ DATE: J 6 MEMBER: Packet Page -3417- 9/13/2011 Item 17.A. t 7A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2000 -22 The following facts are found: 1. Section 2.2.2.3 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, n traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & gress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes_ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: MEMBER: Packet Page -3418- 9/13/2011 Item 17.A. " FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2000 -22 The following facts are found: 1. Section 2.2.2.3 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management P1�a Yes __ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingre ss 7NO Yes o C. Affects neighboring properties in relation to noise, glare economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use thin district Yes No Based on the ab ve findings, this conditional use should, with stipulations (copy attached) (should not) be recommended for approval DATE • G y` MEMBER: - L - M Packet Page -3419- 9/13/2011 Item 17.A. 1. ri 7A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2000 -22 The following facts are found: 1. Section 2.2.2.3 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management P.l n: Yes L/ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes r/ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ✓ No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes L/ No Based on the above findings, stipulations, (copy attached) approval DATE: this conditional use should, with (should not) be recommended for MEMBER: Packet Page -3420- 9/13/2011 Item 17.A. ' 7 A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2000 -22 The following facts are found: 1. Section 2.2.2.3, of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingres & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: N ffect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes � No Based on the above findings, this conditional us should, with stipulations, (copy attached) (should not) be recommen ed for approval -- ``-- DATE: `� (� EXHIBIT "A' Packet Page -3421- 9/13/2011 Item 17.A. N 'x N 1 2 of NE 1 /4 of SW 1 /4 of SW 1 /4 SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST COLLIER COUNTY, FLORIDA AM S 1/2 of NE 1/4 of SW 1/4 of SW 1/4 SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST COLLIER COUNTY, FLORIDA AM E 1/2 of NW 1/4 of SW 1/4 of SW 1/4 SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST COWER COUNTY. FLORIDA A= IN ,,i ' /4 of SW 1/4 of SW 1/4 SE WNSHIP 49 SOUTH, RANGE 27 EAST CC R XOWEY, FLORIDA 9= E 1/2 of SW 1/4 of SW 1/4 of SW 1/4 SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST COWER COUNTY, FLORIDA AM W 1/2 of SE 1/4 of SW 1/4 of SW 1/4 LESS THE NORTH 50' of the SOUTH 100 of W 112 of SE 1/4 of SW 1/4 of SW 1/4 SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST COLLIER COUNTY, FLORIDA CU- 2000 -22 EXHIBIT "B" 100\ Packet Page -3422- I n Z N m- ro . rmwc� D Cl) a Z a� ri CD Z v m w -< N n w z R n n m D � a A. Z rn D U) ? A z [ �Z D 1 D \ id -.. CU -00 -22 (Exhibit "C ") I o000 ! OD OO aaaaaaa OQO as}(7aooa � �000 n OD OC I � 000a � fn A t i c 4' �1 ! I I A I 1 I ZIlilDlS'IUN AtG s YNL UA.CHM AND 1190VCUM06 NM CTVXL Z a ua 1 jI I I Fil Ell 9/13/2011 Item 17.A. 7A CONDITIONS OF APPROVAL CU- 2000 -22 This approval is conditioned upon the following stipulations: 1. The property owner shall maintain a dumpster on site to properly dispose of solid waste. The only waste products permitted to be stored on site shall be horticultural waste waiting to be ground into mulch or otherwise used off -site. There shall be no permanent storage of solid waste on site. 2. The portions of Crawford Avenue (from its intersection with Landfill Road) and Washburn Avenue to the subject site's driveway entrance where trucks enter the site shall be maintained in a dust free condition and topped with a minimum of a prime coat surface. 3. The tub grinder shall not be operated within 150 feet of any property line. 4. The maximum height of piles for mulch and horticultural waste waiting to be processed or removed from site shall be ten (10) feet. 5. During maintenance or cleaning, the tub grinder shall only be operated with a tub cover in place. n 6. There shall be a maximum of nineteen (19) dump trucks and fifty -six containers stored on site. 7. The tub grinder shall only be operated, maintained or cleaned between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday and shall not operated on days classified as legal holidays in the Florida Statutes. 8. On -site diesel fuel storage shall not exceed 500 gallons. On -site gasoline storage tanks are not permitted. Gasoline storage containers up to five (5) gallons in size are permitted for the fueling of equipment utilized in yard maintenance. 9. Maintenance and repair services to dump trucks, roll -off containers, and the end loader shall be limited as follows: (a) Dispensing of diesel fuel and oils. (b) Servicing of spark plugs, batteries, distributors and distributor parts. (c) Removing, remounting, balancing, repair and installations of tires. The recapping/regrooving of tires and wheel alignments are not permitted. EXHIBIT "D" PAGE 1 OF 2 Packet Page -3424- 9/13/2011 Item 17.A. 7A � (d) Replacement of water hoses, fan belts, brake fluid, light bulbs, fuses, wiper blades, grease retainers, wheel bearing, shock absorbers, mirrors, exhaust systems and similar items. (e) Provision of water, antifreeze, flushing of the cooling system, and air conditioning system recharge. (f) Washing, buffing, and steam cleaning. (g) Servicing of fuel pumps and fuel lines. (h) Minor servicing of carburetors and fuel injections systems. (i) Electrical wiring repairs. 6) Providing repair and replacement of brake rotors, drums and pads. (k) Minor motor adjustments not involving removal of the head or crankcase. (1) Lubrication, engine oil changes, transmission oil changes, and oil -air filter changes. (m) Minor welding and minor repainting but not frame straightening or major repainting. (n) The removal of engines, transmissions, rear differentials and four -wheel drive units shall not be permitted. 14. The tub grinder shall be equipped with a dust suppression system which shall be operating at all times the tub grinder is operating for the purposes of grinding horticultural waste. 11. The stockpiled horticultural waste and piles of mulch shall be periodically watered down on a daily basis by the on -site sprinkler system in order to reduce dust. 12. There shall be no other machinery or equipment stored on -site which is unrelated to the horticultural mulching operation and not used in the daily operation of the business. 13. The tub grinder will be equipped and operated with deflectors to minimize flying debris. 14. An Environmental Resource Permit or a Surface Water Management Permit from SFWMD must be obtained prior to any construction approvals being granted. 15. Prior to construction approvals being granted, this project must be reviewed and approved by Collier county Stormwater Management Department as it relates to any impacts on the Henderson Creek Branch Canal as will as any off -site flows coming through the project's site. 16. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area PAGE 2 OF 2 Packet Page -3425- 9/13/2011 Item 17.A. necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. Permits from the South Florida Water Management District and U.S. Army Corps of Engineers shall be presented prior to final site plan/construction plan approval. 17. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service and the Florida Fish and Wildlife Conservation Commission regarding potential impacts to protected wildlife species on -site. A habitat management plan for protected species shall be submitted to Planning Services Department staff prior to final site plan/construction plan approval. PAGE3.OF 2 _ Packet Page -3426- 9/13/2011 Item 17.A. 17 ;kI RESOLUTION 2000 -,� A RESOLUTION SUPFitcFrjnvCritESCN Trrrnrr 9 on9 AND PROVIDING FOR THE ESTABLISHMENT OF A SAWMILL CONDITIONAL USE #2 IN THE "A" ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91 -102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditioual Use #2 of Section 2.2.23 in an "A" Rural Agricultural Zone for a sawmill on the property hereinafter described, and has found as a matter of fact (Exhibit "A ") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, this Resolution supersedes Resolution 99 -399 previously granting conditional use approval; and WHEREAS, all interested parties have been given opportunity to be heard by. this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by William Hoover, AICP of Hoover Planning, representing Richard and Jean Yahl and Teresa Yahl Fillmore, with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use #2 of Section 12.2.3 of the "A' Rural Agricultural Zoning District for a sawmill in accordance with the Conceptual Master Plan (Exhibit "C ") and subject to the following conditions: -I- Packet Page -3427- 17E Exhibit "D" which is attached hereto and incorporated by refercncc herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion. second and majority vote. Done this -aa 0 day of Zppp. ATTEST: DWIC�HT'E. SROCY, Cleric Att1�as AiVAW t9 in and Legal SWScicncy: , Mani M. Scuderi Assistant County Attorney VJ"- -V RM0LLM0WCU99-3MMft BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA F �-- BY• 7 TIM THY O TANTINE, CHAIRMAN -2- Packet Page -3428- 9/13/2011 Item 17.A. 9/13/2011 Item 17.A. 17E FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR The following facts are found: I. Section 2.2.2.3.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes 1,-, No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingres & egress Yes No C. Affects neighboring properties in relation to noise, glar , economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Comp$t.ibility with adjacent properties and other property in the district: Compatible use within istrict Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should be recommended for approval DATE: 1-_�2 d —Or7 CHAIRMAN: f /SZHDING OF FACT CHXTJMXN/ �\ AU Mh Exhibit -Am Packet Page -3429- 9/13/2011 Item 17.A. Exhibit B CL -99 -33 17E N 1 2 of NE 1/4 of SW 1/4 of SW 1/4 SE C - ION.. 31, TOWNSHIP-49 ER' COUNTY, FLORIDA SOUTH, RANGE 27 EAST. �cs S l � 2 of NE 1 /4 of SW 1/4 of SW 1/4 SE CO ON 31, TOWNSHIP -' 49 E j.;POUNT� . w.F LOWA SOUTH, RANGE 27 EAST--= E S 2 ,,of NW l/ oi. SW • ON 31, TOWNSHIP 49-tiUTH, 'F 4 01E -. -SW 4 RANGE ' 27 ` C EI..: COUNTY Packet Page -3430- Exhibit C CU -99- Rt C. - °o �; %Iii'1 j p COO gij j ------------ U uj LU r �, €tom •'I Q o f L4 r • r If11 RICH t 18RBSA YAHL ■ a■ r � YAHL MACOR & YCUUM SEF7�E ENGIfVECR�IG MASM PLAN 9/13/2011 Item 17.A. 17E Exhibit D 1 • The property owner shall maintain a dumpster on site to properly dispose of solid waste. The only waste products.permitted to be stored on site shall be horticultural waste waiting to be ground into mulch or otherwise used off site. There shall be no permanent storage of solid waste on site. 2. The tub grinder shall not be operated within 150 feet of any property line. 3. The maximum height of piles for mulch and horticultural waste waiting to be processed or removed from site shall be ten (10) feet. 4. During maintenance or cleaning, the tub grinder shall only be operated with a tub cover in place. 5. There shall be a maximum of twenty (20) dump trucks and forty-five (45) roll -off containers stored on site. 6. The tub grinder shall only be operated, maintained or cleaned between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday and shall not operate on days classified as holidays for Collier County employees as well as Columbus Day, 7. On -site diesel fuel storage shall not exceed 500 gallons. On -site gasoline storage tanks are not permitted. Gasoline storage containers up to five (5) gallons in size are permitted for yard work, etc. 8. Maintenance and repair services to dump trucks, roll -off containers and the endloader shall be limited as follows. (a) Dispensing of diesel fuel and oils. (b) Servicing of spark plugs, batteries, distributors and distributor parts. (c) Removing, remounting, balancing, repair and installation of tires. Recapping/regrooving of tires and wheel alignments are not permitted. (d) Replacement of waterhoses, fan belts, brake fluid, light bulbs, fuses, wiper blades grease retainers, wheel bearings, shock absorbers, mirrors, exhaust systems and similar items. (e) Provision of water, antifreeze, flushing of the cooling system, and air condition recharge. (f) Washing, buffing, and steam - cleaning. (g) Servicing of fuel pumps and fuel lines. (h) Minor servicing of carburetors and fuel injection systems. G) Electrical wiring repairs. (i) Providing repair and replacement of brake rotors, drums and pads. Packet Page -3432- 9/13/2011 Item 17.A. 17E (k) Minor motor adjustments not involving removal of the head or crankcase. (1) Lubrication, engine oil changes, transmission oil changes, and oil/air filter changes. (m) Minor welding and minor repainting but not frame straightening or major repainting. (n) The removal of engineers, transmissions, rear differentials and 4 -wheel drive units shall not be permitted. 9. The tub grinder shall be equipped with a dust suppression system which shall be operating at all times the tub grinder is operating for the purposes of grinding horticultural waste. 10. The stockpiled horticultural waste and piles of mulch shall be periodically watered down - on a daily basis by the on site sprinkler system in order to reduce dust. 11. There shall be no other machinery or equipment stored on site which is unrelated to the horticultural mulching operation and not used in the daily operation of the business. 12. The tub grinder will be equipped and operated with deflectors to minimize flying debris. 13. The Planning Services Department Director may approve minor changes in the location of the use within the building or structures and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code (Ordinance No. 91 -102). 14. An appropriate portion of the native vegetation shall be retained on site as required in Section 3.9.5.5.4. of the Collier. County Land Development Code, as amended. 15. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, shall be submitted to Current Planning environmental staff for review and approval prior to final site plan/construction plan approval. 16. Permits or letters of exemption from the U.S. Army Corps of Engineers (ACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to final site plan/construction plan approval. 17. If, during the course of site clearing, excavation or other construction activity, an historic or archaeological artifact, or other indicator is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. Packet Page -3433- 9/13/2011 Item 17.A. 17E 18. The existing natural, native vegetative buffer along the southern boundary of the southeastern 5 acres of the site, shall be retained as it currently exists, to no less than a minimum width of the twenty (20) feet. This vegetation preservation requirement shall be over and above the minimum native vegetation requirements of Section 3.9.5.5.4. of the Land Development Code, and shall be maintained for the life of the project. 19. The existing six (6) foot high opaque fence and existing landscape trees planted 25 feet on center adjacent to the northern five (5) acres` northern and eastern property boundary, shall be continued along the southern five (5) acres' eastern, and the western five (5) acres western and northern property boundaries. 20. There shall be a maximum of 60 dump truck trips per day and 90 medium duty truck trips permitted per day, to and from the site. 21. Primary access to the site for heavy trucks (those trucks with three (3) or more axles) shall be from the Southwestern driveway entrance. The driveway entrances located off of Washburn Avenue shall be utilized as secondary access points, primarily for employees personal vehicles and access to the caretakers residence and administrative office. Packet Page -3434- 9/13/2011 Item 17.A. ...s ✓:S RESOLUTION' 98 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF SAWMILLS (MULCHING AND HORTICULTURAL. RECYCLING) , CONDITIONAL USE "2" IN THE ^A"' `::.] br' ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3'." OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 31, TOWNSHIP;_,_-.-.-. 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY,4L' FLORIDA. - .: 4 i?x. 4.5 �' ..ice' •y WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, ha: ;•,� --v conferred on Collier County the power to establish, coordinate t i enforce zoning and such business regulations as are necessary;ifc protection of the public; and WHEREAS, the County pursuant thereto'has adopted a'Land' Development Code (Ordinance No. 91 -162) which includes Comprehensive Zoning Ordinance establishing regulations for the; zoning of particular geographic divisions of the -County,-among' is the granting of Conditional Uses; and :4hrA WHEREAS, the Collier County Planning Commission, being the' appointed and constituted planning board for the area.hereby.* affected, has held a public hearing after .noticesii in said*::_.. regulations made and provided, and has considered the idvisabi1 Conditional Use "2" of Section 2.2.2.3 in an "A" zone far sawbil (mulching nd horticultural recycling) on the' rrr "r ' `'it 4 property.hera�naft described, and has found as a matter of fact.,.(Exhibit "A ").tha satisfactory provision and arrangement have•been made concern ng applicable matters required by said regulaticps,and•in accordanc with Subsection 2.7.4.4 of the Land Development code`'for the Col County Planning Commission; and WHEREAS, all interested parties have been given.opportunftj be heard by this Board in a public meeting assembled andthe,Boa s:. having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING ApPEA Collier County, Florida that:- _ Packet Page -3435- 9/13/2011 Item 17.A. The petition filed by am L Hoover;! AICP. o! Jiooves Shoppe and Beau Keene, P.E., representing_Richard and Teiesa with respect to the pro p ert y hereinafter•desczibed -s s:,J.':.. Exhibit "B" which is attached hereto;andJneorporated b reference herein be and the same is hereby approved for Conditional. Use" 2" o 2.2.2.3 of the "R"' zoning district'. for' sawmills (saulching -an horticultural recycling) in accordance with the conceptual�M Plan (Exhibit "C ") and subject to the following Conditions Exhibit "D" which is attached hereto and incorporated'b reference herein.:, BE IT FURTHER RESOLVED that',this Resolution be recorded minutes of this Board. This Resolution adopted after motion ; °': so-co nd end majors' Done this _c� day of ... ,: ,,: - :.. ems:: ryti •: • ": iC:F' C BOARD or zonn APPEALS - ..COLLIER :COUNTY,.JWRIDA ?,jam ; �,,:.,;.y, ;�q"-• `t?id. �R 3S?_11:Tw• .::. BY: a BFRRY, C a i' • -y: ':5'�' .i '; ;•'.t: �. :$'.fit +. -i. .�. .• , r - _s, t•. }1n K{��' %` '`wS ;Y7.Y�lii.:i�.i- fJ';rj.•.: ATTEST: DWIGHT E. BP.00K;_Clerk ' `:`u "= s,:•?i art Approved as ,to Form and r Legal Sufficiency: .t J Marjgrie M. Student Assistant County Attorney :- T: CV -97 -2R MCL@TIOIf Packet Page -3436- 117 9/13/2011 Item 17.A. WON FINDING OF FACT ` .:t'; -,. COLLIER COUNTY PLANNING; ryCOMM2SSION y' FOR w A CONDITIONAL USE PETITION FOR The following facts are found: 1. Section _ _ 2.2.2.3.2 of the Land Development Code :a :6 authorized the conditional use. 2. Granting the conditional use will not adversely affec the public interest and will not adversely affect: oth property or uses in the same district or.neighborhood a�: z�' �:. because of: ..j :.tip.. �-< 4ir -•� A. Consistency with the Land Development .�~ Growth Ma pment Code and �; Management Plan:y ., Yes !' No V= B. Ingress and egress to property and proposed, "`x structures thereon with particular reference to automotive and pedestrian safety.and convenience, °r..: traffic flow and control, and access in 'case-of -4 fire or catastrophe: _,;:_ :_44 Adequate ingress & egress.* Yes t No - C. Affects neighboring g g properties in relation to -' noise, glare, economic or odor effects: :! -� No affect or Affect mitigated by ' Affect cannot be mitigated..,'', 1�y D. Compatibility with adj ace nt prope rtie s 'and' other property in the district: Compatible use within district.!' Yes No t, Based on the above findings, this conditional use should; with stipulations, (copy attached) be ,.. -4 recommended for approval DATE: CHAIRMAN: CU -97.24 FI1WroQ of TACT r' < : "Yy y�N�• Packet Page -3437- 9/13/2011 Item 17.A. ,. :.,., . Exhibit B. r f Ain -F �= Legal Description of Subject Property - .•: �" The North Hal f of the Northeast Quarter of the Southwest er of }- •. the • South w.w oath Quarter of Section ' 3 Q 1 . Township 4 p 9 South, Range 27 East, Collier County, Flonda •::;•` : ia.� s ,��. _' :- : »s��!i is •�,�'. •-^ �.. •�_jy + ) . .; -- - `•k •�:_' fix;;: _ 1 :r�i' •. �-:.,: f.y��:::_- ' '•' �.;. "•'ASS * =i� F---. ','. e- ��x; }i;:,• �_.M�..'Yr�..�:ir eta :� f *• .:' r: .h��t x'47 ' ?.A M,,'{,,�K.• WL •jam•• r .�• - s�•��• °�,' �t_. �' .r )K r( 1 Packet Page -3438- r .ir.� !r•.r -... • t�13 3M N rrr Una y7JSYK ssn zvMQUIUao-1 ' lflfs=AoaN Cfi{�7>w 7iYA s 'UIYA YSSWU M 1131N •' �' �JUrON3 iM44� , =« 4e r..Ck�:'' � ?;. •srsi_ M YK y, •�. M + r •.a J.. i - }a Z ! N •A, qN 1 •i�j 4' win Y. ell 4�.E� Y• 1 `' s �•� "ei•'�i+ti :••.C: -"•ire � 1 Iii .f �rj N''. :'Y�F' ,: �aqw. ci4 •'�t' � • ,,// , �'�' •.y1.V1w •ice r T - � =� � a •tea "' , _ 41 1 xa f: �Yg ti 3~.r Y� W c • + •'iy Vii;. Q� M M 4J CO n. CU U m C. 9/13/2011 Item 17.A. ' ft� is R IN4.Y., . Exhibit 1) I. The property Owner shall maintain a clumpster on site t0Pr0PCr1YdisPose of solid The Only waste Products permitted to be stored on site shall be horticultural waste wwtin to be ground into mulch Or otherwise used offsite There shall be no permanent storage of solid waste on site. 2• The portions of Crawford Avenue (from its intersection with Landfill d Washburn Avenue to the subject site's driveway entrance where trucks enter the site shall r'' be maintained by scra;ing the road a minim im of two tim p r weer as mora it needed and sprinkling the road at loast ono time per i I • 3. The tub grinder shall not be op=ted within 150 fed of any .':, property lines 4. The maximum height of piles for mulch and horticultural Waste waiting to be proc or removed from site shall be ten (10) feel, S. During maintenance or c leariin g. the tub grinder shal I only be operated with a' C077 in place. 6. There shall be a maximum or fifteen en (IS) dump trucks and forty-five (45) roll -� r containers stored on site. 1� r 7. The tub grinder shall only be operated, maintained or cleaned between the th "brS.00 am. to 5:00 p.m.. Monday through Friday and shall not operate on days classified as holidays for Collier County employees as well as Columbus Day. On-site diesel fuel storage shall not exceed 500 gallons. on-site gasoline ! 0 ine storage arc not permitted. Gasoline storage containers up to five (5) gallons in size are p=mItted for yard work, etc, 9. Maintenance and repair services to dump trucks, roll-off containem'ande endloader shall be limited as follows. (a) Dispensing of diesel fuel and oils. (b) Servicing of spark plugs, batteries, distributors and distributor (c) Removing, remounting. balancing, repair and installation of timL. Recapping/regrooving of tires and wheel alignments are not permitted.' (d) Replacement of waterhoses, fan belts, brake fluid, light bulbs, fuses, wiper blades-- grease retainers, wheel beatings, shock absorbers, mirrors, exhaust systems and items. -.*yW. AM" 81" W Provision of water. antifieeze, flushing of the coolie systern. Co ti recharge. 2 .2 9 2- -1 Packet Page -3440- F. 9/13/2011 Item 17.A. F w' (f) Washing, buEiing, and steam -clean in (g) Servicing of fact pumps and fuel lines. -' ' (h) Minor servicing of carburetors and ti $ fuel injection systems, 4 z!rif .•.`,q+;rf (i) Electrical wiring repairs. (j) Providing repair and replacement of brake rotors, dniins and pads '...:: (k) Minor motor adjustments not involving removat of the head or crankcase. (t) Lubrication, engine oil changes, transmission oil changes; and oiVair filter eha: (m) Minor welding nd minor g repainting but not frame straightening or major rep; (n) The removal of engineers, transmissions, rear differentials and 4 -wheel drive tv shall not be permitted. r,;; ti , :• .: a..; V 091 The . tub l0 grinder shall be gri equipped with a dust suppression systei m which shall be operating at all times the tub grinder is operating for the purposes of grindin horticultural waste. _ ; A a� 8_ ;, ;;yam ._.. - •:c�:::, �,� ;•,. � ; '?a•: +yam:: - : . ' ' '•, ' �° °'::` -'�> •�' : �:.. 4;zw Y• - 11. The stockpiled horticultural waste and piles of mulch shalt be perioificaity aiatera on a daily basis by the on site sprinkler system in order to reduce fir :.. ;,:.. •.- .•'.. _ . 12. There shall be no other machinery or equipment stored on site which is tu= ted 1 horticultural mulching operation and not used in the daily operation of the burin' - 13. The tub grinder will be p , , i;n equipped and o crated with detectors to muumize flying 14. Piles of mulched or processed horticulture.: y;taot'be 'B on site for more than;120 conaecutive "days: r. 111' -• • fat �;'TA.��iy}n .- k ��..,4�1�, � .j � � : - -. - a}y' i:,•° ...� : `:[.:. "• a AOi7r! • J. .YY �.w .J r`L I � ' Q .. r: Packet Page -3441- 9/13/2011 Item 17.A. RESOLUTION NO. 92- 2 JAN 7 1992 A RESOLUTION AMENDING PARAGRAPH FIVE OF RESOLUTION 91 -747, A PROVISIONAL USE FOR PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA, TO CORRECT A SCRIVENER'S ERROR IN THE PROPERTY'S LEGAL DESCRIPTION. WHEREAS, the Collier County Board of Zoning Appeals adopted Resolution 91 -747, pertaining to the Provisional Use for Florida Cellular R.S.A. Ltd. Par., on October 22, 1991, and WHEREAS, following said action adopting Resolution 91 -747, staff was advised that a portion of the site's legal description was incorrect in Paragraph Five of said Resolution and constitutes a scrivener's error. NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of Collier County, Florida, that the legal description of Paragraph Five of Resolution 91 -747, is hereby amended, by correcting the legal description to read as follows: NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that the petition filed by Mark Lamoureux of Mark Lamoureux Engineering, representing Florida Cellular R.S.A. Ltd. Par., with-respect to the property hereinafter described as: The West 1/2 of the Northwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of Section 31, Township 49 South, Range 27 East, Collier County, Florida. BE IT FURTHER RESOLVED that this Resolution'be recorded in the minutes of this Board. PAGE 20 Words underlined are additions; Words struck - through are deletions. -I- Packet Page -3442- 9/13/2011 Item 17.A. JAN - 7 M9 M Commissioner Goocnni¢ht offered the foregoing Resolution and moved for its adoption, seconded by Commissioner Hasse and upon roll call, the vote was: AYES: Caron ssionear Goodnight, Commissioner Hm* e. Cbmmi.ssioner Shanahan, NAYS: (Xaudssic+ner Smxxkrs, and Cbmnissioner 'fo1Fe ABSENT AND NOT VOTING: ABSTENTION: Done this 7th day of January 1992. BOARD JF ZONING APPEALS CO CJFUNTY , FLORIDA CHAIRMAN = ATTEST. •� f JAM C. GILES, CLERK � 1 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: IS P. ZONIN ASSISTANT COUNTY ATTORNEY SCRIVENER'S ERROR RESOLUTION nb/6984 M 000 fzr 21 Words Dnderlin9d are additions; Words straek- through are deletions. Packet Page -3443- 9/13/2011 Item 17.A. W YAHL MULCMNG & RECYCLING, INC. Neighborhood Information Meeting Minutes May 2,2011,5:30 pm At Golden Gate Community Center, Room C The Yahl Mulching & Recycling project held its Neighborhood Information Meeting for the public to ask questions and provide input to the development of this site. The neighbors within 1000 feet were notified by mail and the meeting was advertised in the Naples Daily News in a' /< page add. The meeting was scheduled for 5:30 pm. One attendee other than the Owners, Project Engineer and Nancy Gundlach, Planner from Collier County entered the meeting at approximately 5:45. The one attendee was Joseph Bonness, a neighbor to the project. He had several questions regarding the project regarding what additional recycling was proposed on the site in addition to the existing horticultural recycling and the 130 foot road reservation that is required to be noted on the plan by the Collier County Transportation Division. These items were addressed and there were no concerns regarding the proposed addition use of Construction & Demolition Debris recycling & transfer station to the site. The meeting concluded at approximately 6:05 pm. An audio tape of the meeting has been provided to Nancy Gundlach of Collier County. Attachment B Packet Page -3444- /� 9/13/2011 Item 17.A. RESOLUTION NO. I I- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDMONAL USE TO ALLOW A COLLECTION AND TRANSFER SITE FOR RESOURCE RECOVERY WITHIN AN AGRICULTURAL (A) ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.0l.A.1.C.12 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004 -41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use of a Collection and Transfer Site for Resource Recovery within an Agricultural (A) Zoning District pursuant to Subsection 2.03.01.A.1.C.12 of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Yahl Mulching & Recycling/CU- PL2010 -166 1 of 2 A"--"---,L i+ Packet Page -3445- 9/13/2011 Item 17.A. Petition Number CU PL2010 -166 filed by Gina R. Green, representing Fillmore LLC, with respect to the property hereinafter described in Exhibit "A ", be and the same is hereby approved for a Conditional Use for a Collection and Transfer Site for Resource Recovery within an Agricultural (A) Zoning District pursuant to Subsection 2.03.01.A. 1.C.12 of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit 'B" and subject to the conditions found in Exhibit "C ". Exhibits "A ", "B ", and "C" are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted alter motion, second, and super - majority vote, this day of .2011. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk FRED W. COYLE, Chairman Approved as to form . and legal sufficiency: DRAFT Steven T. Williams Assistant County Attorney Exhibits attached: A. Legal Description B. Conceptual Site Plan C. Conditions CPU I - CPS -0 107919 Yahl Mulching & Recyeiing/CU- PL2010 -166 2 of 2 Packet Page -3446- 9/13/2011 Item 17.A. LEGAL DESCRIPTION ,�A PARCEL'.OF 'LAND. LYING IW SECTION 31, TOWNSHIP 49 SOUTH. RANGE 27 EAST, COLDER COUNTY, FLORIDA; 8EING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT. THE . NORTHWEST CORNER OF - THE SOUTHWEST QUARTER OF ' THE SOUTHWEST QUARTER-OF SECTION .'31, TOWNSHIP 49 SOUTH, RANGE 27 EAST; -THENCE, . ALONG ' THE NORTH LINE - OF THE SOUTHWEST QUARTER OF THE SOUTHWEST - QUARTER. OF SAID SECTION 31, NORTH - 89'5e41" -EAST, A DISTANCE OF 343.00 FEET TO THE - POINT OF . BEGINNING OF THE . PARCEL. OF LAND HEREIN DESCRIBED; THENCE, CONTINUING ALONG -.THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE 'SOUTHWEST QUARTER OF SAID '. SECTION 31, SOUTH 89'59'49" EAST, . A DISTANCE OF 1029.30 FEET; THENCE SOUTH .02-04!30" EAST, A DISTANCE OF 658.93 FEET; THENCE NORTH - 89'58'14" WEST, A DISTANCE OF 342.85 FEET; THENCE SOUTH 02135'32" EAST, A DISTANCE OF 558.99 FEET; THENCE NORTH 89'57'41" WEST, A DISTANCE OF 1029.48 FEET; THENCE NORTH 02'07'49" WEST, A . DISTANCE OF 558.60 FEET; THENCE SOUTH 89'58`27" EAST, A DISTANCE OF 343.20 FEET; THENCE NORTH 021OS36" WEST, A DISTANCE OF 658.67 FEET TO THE POINT OF BEGINNING. CONTAINING 1.252 ,915 S(R)Aft.. FEET ;OR - 28,763---AWES; -MORi= OR . LESS: EXHIBIT A Packet Page -3447- 4 Z m S N r !S i Yj. 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' ' t • n i • Q AREA A• AREA BI �# _'� ; z 0)- v3w oNrmmm t ? a • Iyl p • / . / �\ . . . • . 1 t LLJ • �' a % � b f w t ��• y„ �\ • t ,� 1 • �i p ' O O LLJ • al � w gg � Sn � • t • Q i � a °^b zo ,at • • I t r , `�n,• 1 W" YEN I • , 5 I • � •�, d g I. • ' CNld-line ONO 38ninA Jig •rib • a 7 • 2 °b m Z u J U 5 J Vn.x �7 W t ai W � J _ 4y � C _ y L0— U N w• a W ^v a K t4 LL w J LL Qo Z N ?� m a Z,n 'a= �t~qZ Zo= 7 � 0 b d n A Uwe J J Q Q 3 uj = 0 ca C LL G � N Z N O N, W CL `m r W X W �a N Q � `✓ T 3 Q CA El •b' yl yo • 8'u, • ��+a • 10.5 , ' E/SEY'dT • SS I • ! ' ' t • n i �# _'� ; z 0)- v3w oNrmmm t ? a i— U S � ll.l g > > • �b, t LLJ • �' a % � b y„ zi O J U Y3tlV 03r1YdNf1 'dltld / Q O LLJ • f � w gg � Sn � • t • Q i � a °^b zo ,at • • I t r " W" St JNIU19 39YN= w M,HM3 G9 35 000'm , a � . • • � • CNld-line ONO 38ninA F" � r a . • I a W • i • W LU / a ~ rn a t • a a • �' I 1 � • _¢ Ld a t�k • a a • a Az— , r i 8i r • / • / C) p P n Lu ,� • z Z. � 2r O� Nj ev °b m Z u J U 5 J Vn.x �7 W t ai W � J _ 4y � C _ y L0— U N w• a W ^v a K t4 LL w J LL Qo Z N ?� m a Z,n 'a= �t~qZ Zo= 7 � 0 b d n A Uwe J J Q Q 3 uj = 0 ca C LL G � N Z N O N, W CL `m r W X W �a N Q � `✓ T 3 Q 9/13/2011 Item 17.A. CONDITIONS OF APPROVAL FOR CU- PL2010 -166 1. This project shall reserve 130 feet along the southern property boundary for future road right - of -way. This future right of way reservation coincides with the current boundary recommended by the County's "WilsonBenfield Corridor" study. 2. The property owner shall maintain a dumpster on site to properly dispose of solid waste. The only waste products permitted to be stored on site shall be C &D (Construction and Demolition) materials waiting to be ground or otherwise transported off site. There shall be no permanent storage of solid waste on site. 3. The concrete grinder shall not be operated within 150 feet of any property line. 4. The maximum height of piles for C& D material waste waiting to be recycled and/or transported shall be ten (10) feet. 5. During maintenance or cleaning, the concrete grinder shall only be operated with a cover in place. 6. There shall be a maximum of twenty (20) dump trucks and forty five (45) roll -off containers stored on site. 7. The concrete grinder shall only be operated, maintained or cleaned between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday and shall not operate on days classified as holidays for Collier County employees as well as Columbus Day. 8. On site diesel fuel storage shall not exceed 500 gallons. On site gasoline storage tanks are not permitted. Gasoline storage containers up to five (5) gallons in size are permitted for yard work, etc. 9. Maintenance and repair services to dump trucks, roll -off containers and the endloader shall be limited as follows: (a) Dispensing of diesel fuel and oils. (b) Servicing of spark plugs, batteries, distributors and distributor parts. (c) Removing, remounting, balancing repair and installation of tires. Recapping/regrooving of tires and wheel alignments are not permitted. (d) Replacement of water hoses, fan belts, brake fluid, light bulbs, fuses, wiper blades, grease retainers, wheel bearings, shock absorbers, mirrors, mirrors, exhaust systems and similar items. (e) Provision of water, antifreeze, flushing of the cooling system, and air condition recharge. (f) Washing, buffing and steam cleaning. (g) Servicing of fuel pumps and fuel lines. (h) Minor servicing of carburetors and fuel injection systems. n (i) Electrical wiring repairs. Page 1 of 2 EXHIBIT C Packet Page -3450- n 9/13/2011 Item 17.A. 0) Providing repair and replacement of brake rotors, drums and pads. (k) Minor motor adjustments not involving removal of the head or crankcase. (1) Lubrication, engine oil changes, transmission oil changes, and oil/air filter changes. (m) Minor welding and minor repainting but not frame straightening or major repainting. (n) The removal of engines, transmissions, rear differentials and 4 -wheel drive units shall not be permitted. 10. The concrete grinder shall be equipped with a dust suppression system which shall be operating at all times the grinder is operating for the purposes of grinding C &D material. 11. There shall be no other machinery or equipment stored on site which is unrelated to the C &D recycling operation and not used in the daily operation of the business. 12. The concrete grinder will be equipped and operated with deflectors to minimize flying debris. 13. The required double row hedge along the Washburn Avenue right -of -way shall be maintained at a minimum 6 feet height. 14. Sprinklers shall sufficiently water working areas of the site at least twice daily to effectively control windborne dust. Additionally, water shall be applied to the crushed by- product material at all times that the crusher is in operation. Page 2 of 2 EXHIBIT C Packet Page -3451- 9/13/2011 Item 17.A. Ms. Paula Brethauer Collier County Intake Team 2800 North Horseshoe Drive Naples, Florida RE: Yahl Mulching & Recycling, Inc. Conditional Use Submittal Collier County, Section 31, Township 49S, Range 27E Dear Ms. Brethauer: Please accept this letter as a request for review /approval for a Conditional Use for the above referenced project. The project site is a 28.8 acre tract that has an existing horticultural recycling facility known as Yahl Mulching & Recycling, Inc. It is located at 2250 Washburn Avenue in Section 31, Township 49 South, Range 27 East, Collier County, Florida. The facility pro - poses to add Construction & Demolition (C &D) Debris Recycling to their facility as an additional service. This site was recently approved for adoption of a Growth Management Plan Amendment to allow this type of additional use along with the existing horti- cultural recycling. The existing facility has all of its permits in place for the site and is presently under construction for the improve- ments that were approved as part of an SDP Amendment AR -7633 for expansion of the horticultural recycling. This approved site plan is being utilized as the site plan for the Conditional Use petition. There are no additional facilities that will be needed to support the C & D operation. The C & D operation will be a less intensive use than the existing horticultural recycling facility. The site is already allowed to recycling concrete for its own personal use for the site to maintain the internal gravel roadways. This will con- tinue but allow this recycled material to be sold to off -site end users. The site will also have a sorting area where crews will sort the C & D debris to be transferred to off site processing facilities to complete the recycling of the debris. No additional impacts to the adjacent preserves or properties will be required for this petition. No modifications to the water management areas or calculations will be required to support this additional use. The Landfill has already anticipated this facility as a potential site for it to divert its C & D debris that is received. All State & Federal Environmental Permits have been obtained and Conservation Easements are in place for this site. PROFESSIONAL CIVIL ENGINEER Packet Page -3452- 9/13/2011 Item 17.A. Ms. Paula Brethauer December 28, 2010 Page 2 Please find the following items included with this letter. 1. Twenty (20) Copies of this Cover Letter. 2. Twenty (20) Copies of this Application. 3. One copy of signed Addressing Checklist._ 4. Twenty (20) Copies of the Pre - application Notes 5. Twenty (20) Copies of Conceptual Site Plan 6. Three (3)Copies of the Warranty Deed. 7. Notarized completed Owner /Agent Affidavits 8. Digital /electronic copy of EIS 9. Five (5) Copies of Aerial Photo w/ FLUCCS Codes 9. Statement of utility provisions (with all required attachments and sketches)(] copy) 10. Seven (7) copies of Traffic Impact Statement 11. Three (3) copies of the TIS on CD -Rom 12. One copy of all state and federal permits (ACOE & SFWMD) 13. CD of electronic copies of all documents and plans 14. Three (3) Copies of the Boundary Survey. 15. Review Fee Checks for $4,000.00 for CU application, $1575.00 for Fire Code Review & estimated Legal Advertising $750.00 for TIS (per meeting with John P. Please call me if you have any questions or need additional information. Sincerely, Gina R. Green, P.E. Packet Page -3453- 9/13/2011 Item 17.A. YAHL MULCHING & RECYCLING, INC. PROJECT NARRATIVE STATEMENT The Yahl Mulching & Recycling project is a 28.8 acre site located east of the Collier County Landfill on Washburn Avenue. This site is an existing operational site that presently provides horticultural recycling permitted under SDP 2005 — AR 7633. The improvements in this Site Development Plan include the necessary facilities to support the Construction & Demolition Debris Recycling and Transfer Station use. The hours of operation for the facility are 6:30 am to 5:00 pm, Monday through Saturday. There is no proposed site lighting due to the daytime operation of the facility. It presently has water and sewer service provided by a private septic system for sewer collection and treatment and a private potable well for water service and a fire well for fire protection. This site is outside of the service area for County provided water and sewer service. The roll -off dumpsters that are used for collecting the waste for recycling can be in a variety of sizes including 10, 15, 20, 30, 40 & 50 cubic yard sizes. The dumpsters are delivered to a site, filled and then brought to this facility for sorting of the various types of debris. The wastes that are not recyclable are then sent to the landfill for disposal and all other recyclable debris is then transferred to an approved facility for processing. The only products that are processed on this site are the horticultural waste and the concrete products which are ground to provide a material suitable for road maintenance on -site or for sale to the public for a similar use. A picture of a typical roll -off dumpster is provided below. Packet Page -3454- 9/13/2011 Item 17.A. YAHL MULCHING & RECYCLING, INC. PUBLIC UTILITIES REVIEW COMMENTS FOR PETITION CP2008 -4, FILLMORE RECYCLING The Yahl Mulching & Recycling facility located on Washburn Avenue in Collier County, Florida is presently a horticultural recycling facility. The addition of Construction & Demolition Debris (C &D) Recycling is desired for the property. This narrative is to address the concerns of the Solid Waste staff as to how the site will be in compliance with all local, state and federal regulations and in harmony with existing practices at the landfill. Please find the following information to address their concerns for odor, noise, health and safety, fire safety, traffic and hurricane preparation. Odor & Noise Control The existing site layout lends itself to protect the neighbors from being exposed to the activities on the site. Other than the composting area to the northeast corner of the site, all other activities are located towards the landfill side of the site to the west. The offices and parking are adjacent to the roadway on the north. This layout minimizes the exposure of the neighbors to the recycling areas. The composting area in the northeast will remain and not be used for C &D recycling. This composting area has operated in this capacity without any complaints from the neighbors. The C & D operations will be conducted in the westerly and southerly portions of the site which is the furthest point from any neighbors. Therefore odor and noise will be minimized by the distance between them. There is a conservation area that buffers this activity from the neighbors to the east. There is also a large detention pond that is located to the east of the C &D recycling area to also provide a buffer. The operating hours for this site is similar to the landfill, therefore it will be conducted business during daylight hours, from 6:30 am to 5:00 pm, Monday through Saturday. Health & Safety. Fire Safety The portions of the site that are directly accessible to the rights -of -way have fencing installed to prevent the entry to the site which minimizes the probability of someone straying onto the property and getting injured. There is a fire well for fire fighting installed on the property in case of a fire in accordance with the fire codes. There are keys provided in a box for emergency personnel to access in the site in case of emergency after normal operating hours. The site is gated and locked at night to secure the site. All of these provide for the health and safety of the neighboring properties. Traffic The owners of the property voluntarily paved and continue to maintain the private roadway named Washburn Avenue. This provides for a safe, durable surface for trucks to be able to enter the site and not cause a hazard to the local traffic in the area. This helps the local area and provides them with a clean, safe surface to drive upon and minimizes the dust that trucks can create on limerock roadways. Hurricane Preparedness The site has developed a hurricane preparedness plan that requires all loose debris to be processed and secured prior to the approach of a storm. They have storage areas to group their containers in a manner to minimize storm impact on them. These areas are placed on the westerly side of the property away from the neighbors and towards the landfill. They have under roof storage that allows the to secure their equipment under roof for protection. Packet Page -3455- 9/13/2011 Item 17.A. LEGAL DESCRIPTIQ14 A PARCEL'.OF LAND LYING IN :SECTION 31, TOWNSHIP 49 SOUTH, ;RANGE 27 EAST, COWER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING "AT. THE . NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF ' THE SOUTHWEST QUARTER OF SECTION. 31, TOWNSHIP 49 SOUTH, RANGE 27 EAST; THENCE, ALONG THE NORTH LINE ` OF 'THE SOUTHWEST QUARTER OF THE SOUTHWEST - QUARTER OF SAID SECTION 31, NORTH °89'56'41" EAST, A DISTANCE OF 343.00 FEET TO THE POINT. OF ;GINNING OF THE PARCEL. OF LAND HEREIN DESCRIBED; THENCE, CONTINUING ALONG THE . NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID .SECTION 31, SOUTH 89'59'49" EAST, A DISTANCE OF 1029.30 FEET; THENCE SOUTH 02'04'30" EAST, A DISTANCE OF 658.93 FEET; THENCE NORTH 89'5814" WEST, A DISTANCE OF 342.85 FEET; THENCE SOUTH 02-15'32" EAST, A DISTANCE OF 558.99 FEET; THENCE NORTH 89'57'41" WEST, A DISTANCE OF 1029.48 FEET; THENCE NORTH 02407'49` WEST, A DISTANCE OF 558.60 FEET; THENCE SOUTH 89'58`27" EAST, A DISTANCE OF 343.20 FEET; THENCE NORTH 02'03'36" WEST, A DISTANCE OF 658.67 FEET TO THE POINT OF BEGINNING. CONTAINING '1,252,915_ SQUARE;. FEET -:_OR 28.,763` .-ACRES =MORE OR :LESS: Packet Page -3456- C: o3er County 9/13/2011 Item 17.A. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net APPLICANT INFORMATION NAME OF APPLICANT(S) FILLMORE LLC ADDRESS 2250 WASHBURN AVENUE CITY NAPLES STATE FL ZIP 34117 n TELEPHONE # 239 - 352 -7888 CELL # 239 - 825 -8528 FAX # 239 - 352 -4649 E -MAIL FILLRACING(&AOL.COM NAME OF AGENT GINA R. GREEN, P.E. FIRM GINA R. GREEN, P.A. ADDRESS 33101ST AVENUE NW CITY NAPLES STATE FL ZIP 34120 TELEPHONE # 239 - 348 -0500 CELL # 239 - 229 -6238 FAX # 866- 720 -4823 E -MAIL ADDRESS GGREENENGa- AOL.COM APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE • Packet Page -3457- 9/13/2011 Item 17.A. IQ *& County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at httn: //www.colliergov.net/Index.aspx ?page =774 NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF MASTER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF CIVIC ASSOCIATION: MAILING ADDRESS CITY STATE ZIP n COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 9/13/2011 Item 17.A. Co er County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net DISCLOSURE OF INTEREST INFORMATION a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). 31 C. Name and Address I % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address % of Ownership FILLMORE LLC 2250 WASHBURN AVENUE, NAPLES, 34117 100 TERESA FILLMORE 4448 1 OTH AVENUE NW, NAPLES, 34120 MANAGER JOHN FILLMORE 4448 10TH AVENUE NW, NAPLES, 34120 MANAGER If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address T% of Ownership APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - - - - Packet Page -3459- Co er County 9/13/2011 Item 17.A. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION! NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.collierpov.net d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and /or limited partners. I Name and Address I % of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. I Name and Address I % of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. I Name and Address I APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - " " -- - Packet Page -3460- n 9/13/2011 Item 17.A. Co er Count COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.collieraov.net g. Date subject property acquired ® 4/10/03 leased ❑ Term of lease yrs. /mos. If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: , or Anticipated closing date: h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. PROPERTY LOCATION Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum V to 400' scale) if required to do so at the pre - application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township /Range 31/49S/27E Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 00341920409 Metes & Bounds Description: SEE ATTACHED SIZE OF PROPERTY: ft. X ft. = Total Sq. Ft. 1252915 Acres 28.76 ADDRESS /GENERAL LOCATION OF SUBJECT PROPERTY: 2250 WASHBURN AVENUE APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE Packet Page -3461- - r County 9/13/2011 Item 17.A. Co e COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.colliergov.net ADJACENT ZONING AND LAND USE Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section/Township /Range N /A/ / Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Metes & Bounds Description: N/A CONDITIONAL USE REQUEST DETAIL Type of Conditional Use: This application is requesting a conditional use allowed per LDC Section 2.04.03 of the A zoning district for CU -CLASS III RECYCLING(C & M ADOPTED IN GMPA) & LDC SECTION 2.03.01A.1.C.12 - COLLECTION & TRANSFER SITES FOR RESOURCE RECOVERY (type of use). Present Use of the Property: CU- HORTICULTURAL RECYCLING n APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - - - - - Packet Page -3462- Zoning Land Use N A RESIDENTIAL S ROW 1 -75 E A RESIDENTIAL/VACANT W1 A I CELL TOWER/LANDFILL Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section/Township /Range N /A/ / Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: Metes & Bounds Description: N/A CONDITIONAL USE REQUEST DETAIL Type of Conditional Use: This application is requesting a conditional use allowed per LDC Section 2.04.03 of the A zoning district for CU -CLASS III RECYCLING(C & M ADOPTED IN GMPA) & LDC SECTION 2.03.01A.1.C.12 - COLLECTION & TRANSFER SITES FOR RESOURCE RECOVERY (type of use). Present Use of the Property: CU- HORTICULTURAL RECYCLING n APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - - - - - Packet Page -3462- Fm:Glna R. Green, P.A. Tc.Addressing Checklist - SU Rerdele (1239282 6724) Co er �nty COLLIER COUNTY GOVERNME=NT GROWTH MANAGEMENT DIVISION! PLANNING AND REGULATION 14 :2212 11OGMT -05 Pg a 9/13/2011 Item 17.A. 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 262.2400 FAX (239) 2525724 WWW.COLLIERGOV,MEI Please complete the following and fax to the Operations Department at 239.252 -5724 or submit in person to the Addressing Department at the above address. Farm must be sinned by Addnessina personnel prior to UM- anglication meeting. please allow S for Processing Not all Items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED, Forms older than 6 months will require additional review and approval by the Addressing Department, PETITION TYPE (lndicate type below, complete a separate Addressing Checklist for each Petition type) ❑ 13L (Blasting Permit) ❑ BD (Boat Dock Extension) ❑ CamivaUCirous Permit ❑ CU (Conditional Use) ❑ DCP (Excavation Permit) ❑ FP (Final Plat ❑ LLA (Lot Line Adjustment) ❑ PNC (Project Name Change) ❑ PPL (Plans & Plat Review) Q PSP (Preliminary Subdivision Plat) ❑ PUD Rezone ❑ RZ (Standard Rezone) ❑ SDP (Site Development Plan) [] SDPA (SDP Amendment) ❑ SDPI (insubstantial Change to SDP) ® SIP (Site Improvement Plan) ❑ 61PI (Insubstantial Change to SIP) ❑ SNR (Street Name Change) ❑ SNC (Street Name Change — Unplatted) ❑ TDR (Transfer of Development Rights) ❑ VA (Variance) ❑ VRP (Vegetation Removal Permit) ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ OTHER LEGAL. DESCRIPTION of subject property or properties (copy of lengthy description may be attached) LOT 6,718, 9& 10, BLOCK 48, NeW MARKET SUBDIVISION, PQ 1, PG8 Q.4 & 105& A PORTION OF BROWARD ST -3.t- — t A-Cr- — Z-- 9 FOUO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) 63864680x01 . 638647241x00.63864760002 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 1101 ALACHUA ST . LOCATION MAP must be attached showing exact location of projeWsite in relation to nearest public road right - of -way SURVEY (copy - needed only for unpiatted properties) PROPOSED PROJECT NAME (if applicable) JS RENTALS . Pr-Dec A hI'a n-+ N,r'A c�- IJpirvz�,ge- PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR # Packet Page -3463- Fm,Gina R. preen, P.A. To:Addressing Checklist - BJ Rentals (12392526724) 14:2912f20110GMT -06 Pg i 9/13/2011 Item 17.A. C *e"r C W"ty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISIONf NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252.2400 FAX (239) 252.5724 WWW.COLLlgSQ LUT Project or development names proposed far, or already appearing in, condominium documents (it application; indicate whether proposed or existing) Please Check One: 10 Checklist is to be Faxed back ❑ Personally Picked Up APPLICANT NAME: PHONE FAX Signature on Addressing Checklist does not constitute Project and /or Street Name approval and is subject to further review by the Operations Department. FOR STAFF USE ONLY FLN Number (Primary) _ �" � lisu C-n1G J Folio Number try Z. C> C3 oo Folio Number C,-7'.": i � ( L0 t' g,C C , C) Z, Polio Number Approved by: 1, C. Gt-t Date:�_� JZ• (' t Updated by: Gate. IF OLDER THAN 6 MONTHS, FORM [MUST BE UPDATED OR NEW FORM SUBMITTED Packet Page -3464- Fm:Glna R. Green, PA. To:Addregging Checklist - Yaht Muiehing -Cond. us (12382525724)15:0312140110GMT -0 9/13/2011 Item 17.A. Co etr County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESH06 DRIVE ADDRESSING DEPARTMENT NAPLES, FLORIDA 34104 WWW.COLLIEROOY.NET (239) 252 -2400 FAX (239) 252 -5724 Please complete the following and fax to the Addressing Department at 239252 -5724 or submit in person to the Addressing Department at the above address. Form must be sinned by Addressing personnel odor to re- Aa�nlication M"fMa please allow 3 days for processing. Not all items will appty to every project. items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Department. PETITION TYPE (Itx►icate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑ BD (Boat Doak Extension) ❑ SDPA (SDP Amendment) ❑ CamivailCircus Permit ❑ SDPI (Insubstantial Change to SDP) (� CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIP[ (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TOR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ IZ (Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) SEE —ATTACHED .r Fo-t C'.2_� C� C�> C -2 FOLIO (Property 113) NUMBER(s) of above (attach to. or associate with, legal description if more than one) 00341920409 STRE T ADDRESS or ADDRESSES (as applicable, if already assigned) 2260 ASHBURN AVE, NAPLES FL 34117 . LOCATION MAP must be attached showing exact location of projeotlsite In relation to nearest public road right - of -way SURVEY (copy - needed only for unpiatted properties) PROPOSED PROJECT NAME (ifapptcable) YAHL MULCHING & RECYCLING PROPOSED STREET NAMES (of applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDMZO05 - JW= or AR # 7633 Packet Page -3465- Fm:Gina R. Green, P.A. Ta:Addressing Crieaklist - Yahl Mulching - Cond. Us (12392825724)15:031212ol10GMT4 9/13/2011 Item 17.A. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE ADDRESSING DEPARTMENT NAPLES, FLORIDA 34904 G0LLIERG0V (239) 252 -2400 FAX (239) 252.5724 Project or development names proposed far, or already appearing in, condominium documents (if appiteation; Indicate whether proposed or existing) YAHL MULCHING & RECYCLING Please Check One: 0 Checklist is to be Faxed back ® Personally Picked Up APPLICANT NAME: GINA R. GREEN, P.E. PHONE Z39-34M500 FAX 666 -720 -4823 Signature on Addressing Checklist does not constitute Project andlor Street Name approval and is subject to further review by the Addressing department, FOR STAFF USE ONLY FLN Number (Primary) 0 Ca -:5, 0 O Folio Number _ Folio Number Folio Number APPtOVed by: i`—nz" G r Date: 17 — 7-1 D Updated by: date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Packet Page -3466- `. 114 9/13/2011 Item 17.A. Ca e County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 262 -2400 FAX (239) 643 -6968 Date: 2� 710 Time: Planner: e Project Name: 1 1 Project Addr /Locafion: 225D �OC P L # 24 A0 10 — ( &_6a I Ilk 11% r- Applicant Name: e: 6"; 7 v W_n- Phone: _ 311 In A stn Firm: —� l � 14JL C2V_z e ► fi F> Current Zoning, Owner Name: Owner Address: Phone: Meeting Attendees: (Atfach Sign -in Sheaf) �P I '� �h11'�d � `I�ln�s °cab Packet Page -3467- w� I qyvj- e� Co County 9/13/2011 Item 17.A. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 643 -6968 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W /COYER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRED STANDARD REQUIREMENTS: UTILITIES ENGINEERING - Cover letter briefly explaining the project 20 BAYSHORE /GATEWAY TRIANGLE REDEV -EXEC DIP. Application (completed & signed) {download from website for current form) 20 *Additional set if located in fhe Boyshore /Gateway Triangle Redevelopment Area 1 Addressing Checklist signed ' by Addressing 1 Pre-Application meeting notes 20 Conceptual Site Plan 2.4" X 36" plus (one 8 1/Z X 11 cop) 20 Copies of Warrant Deed(s) 3 Completed Owner Agent Affidavits, Notarized 1 Environmental Impact Statement (EIS) * or exemption justification 2 Digital electronic copy of EIS 1 -(1 " Aerial photographs (taken within the previous 12 months min. scaled 1 "= 200'), showing FLUCCS Codes, Legend, and project boundary 5 J� Statement of utility provisions (with all required attachments & sketches) 1 Traffic Impact Statement (TIS), or waiver 7 Copy of Traffic Impact Statement (TIS) on CDROM 3 Historical and Archeological Survey, or waiver 4 Copies of State and/or Federal Permits Architectural Rendering of Proposed Structure(s) 4 Electronic copy of all documents and plans CDROM or Diskette) 1 Boundary Survey 3 MV• .. �.. — _. 'mar ' { da :ip sin Eo. lrcprorfiic DeiIb merit oii6ilfglectsg >` ❑ EDC "Fast Track" must submit approved copy of official application ❑ Affordable Housing "Expedited" must submit copy of signed Certificate of Agreement. * *If project includes an Affordable Housing component, you are required to d,edule a meeting before the Affordable Housing Advisory Committee by contacting the Collier County Housing and Human Services Department at 239- 252 -2273. 2 PLANNER MARK IF NEEDED TO BE ROUTED TO REVIEWERS BELOW: Continents should be forwarded to the Planner prior to the due date SCHOOL DISTRICT PARKS & REC- SID KITTILA VP us O SUPERVIOR OF ELECTIONS UTILITIES ENGINEERING - COMMUNITY PLANNING COORDINATOR BAYSHORE /GATEWAY TRIANGLE REDEV -EXEC DIP. Communications Towers Only: MOSQUITO CONTROL COLLIER CO. AIRPORT AUTHORII NAPLES AIRPORT AUTHORITY I CITY OF NAPLES - ROBIN SINGER Packet Page -3468- P-� 10 9/13/2011 Item 17.A. Co eY County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34904 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 643 -6968 FEES: ® Pre - application Fee $500.00 (Applications submitted 9 months or more after the date of the last pre -app meeting shall not be credited towards application fees and a new pre - application meeting will be required.) OTHER REQUIREMENTS: ❑_ Applicant /Agent Signature Packet Page -3469- Date ® $4,000.00 Application Fee / $1500 if filed in conjunction with a rezone petition $150.00 Fire Code Review ❑ $300.00 Comprehensive Planning Consistency Review ® $925.00 Estimated Legal Advertising Fee - CCPC Meeting ® $500.00 Estimated Legal Advertising Fee -- BCC Meeting (any over- or under - payment will be reconciled upon receipt of Invoice ❑ $2,500.00 from Naples Daily News). EIS Review, if required �J� ❑ $1000.00 Listed or Protected Species survey review fee (when an EIS Is not required) Trousportation Fees, if required: N� �� 'RR- 10-41 Ve Z- $500.00 Methodology Review Fee, if required ❑ $750.00 Minor Study Review Fee, if required ,�� Q�1 i Q ¢� q3 El $1,500-00 Major Study Review Fee, if required OTHER REQUIREMENTS: ❑_ Applicant /Agent Signature Packet Page -3469- Date �I t 9/13/2011 Item 17.A. -4 e IZC09 P14. O—VIEK) ant-i 7703- e-OV 6k) C"Af 4 k&t) 47 lk WAU- D K(MAEn 1 6—C I WA In! L XL 'CIA, PCD .. ........... Packet Page -3470- Packet Page -3471- 9/13/2011 Item 17.A. Z-1-2 I v --- -- ----- Packet Page -3471- 9/13/2011 Item 17.A. wl i s owl\ ........ .. -- - .- ._.. -. ':. Packet Page -3472- 9/13/2011 Item 17.A. Co er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 WWW.COLLIERGOV.NET (239) 252 -2400 FAX (239) 643 -6968 PUBLIC PARTICIPATION REQUIREMENTS LDC 10.03.05 F. Applicant must conduct at least one Neighborhood Informational Meeting (NIM) after initial staff review and comment on the application and before the Public Hearing is scheduled with the Planning Commission. Written notice of the meeting shall be sent to all property owners who-are required to receive legal notification from the County pursuant to Section 1 0.03.05.8.8. Notification shall also be sent to property owners, condominium and civic associations whose members are impacted by the proposed land use change and who have formally requested the County to be notified. A copy of the list of all parties noticed, and the date, time, and location of the meeting, must be furnished to the zoning Department and the Office of the Board of County Commissioners no less than ten (10) days prior to the scheduled date of the NIM. The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant must place an advertisement of the meeting in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location, time of the meeting and legible site location map of the property for which the zoning change is being requested. The display advertisement must be one- fourth page, in type no smaller than 12 point and must be placed within a newspaper of general circulation in the County at least seven (7) days prior to, but no sooner than five (5) days before, the NIM. The Collier County staff planner assigned to the project must attend the NIM and shall serve as the facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and provide a copy to the Zoning Department. As a result of mandated meetings with the public, any commitments made by the applicant shall be reduced to writing and made a part of the record of the proceedings provided to the Zoning Department. These written commitments will be made a part of the staff report of the County's review and approval bodies and made a part of the consideration for inclusion in the conditions of approval. Packet Page -3473- 10 A 44 E KA I-- tu o 1,51 t Cd CL O V c M) c .2 0 0 E I. 16, 0 M LL LU z N z CL z E in z LU Z lu 0 rn OF C.) 0 'R ti C) z LU z z 2 Cf) E a 0 cu u. IWI L ma CD 3 NO E o rn OF C.) 0 'R ti C) z LU z z 2 Cf) E a 0 cu u. IWI L ma CD 3 NO E t f d F� lots i N Mass Aw t gy. Yi t Ru look 1205MOUJ :q&"6r,41J& ! )11'11314 -Wle-s ;11WO� 10PRIO Qql a- Sd*n fi!CqDqOJf 10 eit!K .11L S,-.,Ct ll� ;< Ldkl W, 7- La al s'D C-A .der.. •,• �� , "j ... . ...... . ....... CL rz 44 - D, , r —71 1 WI•,• s --------- J3;-41 47 9/13/2011 Item 17.A. Conditional Use & Development of Regional Impact 1. Provide a map of all overlays, districts and zoning on the subject site and the surrounding properties. (i.e. CON, ST, PUD, RLSA designation, RFMU district, etc.) (LDC 2.03.05- 2.03.08; 4.08.00) 2. Comply with specific requirements per SSA stewardship easement or SRA development document/master plan. (LDC 10.02.13; 2.03.06; 4.08.06) 3. Submit a current aerial photograph and clearly delineate the subject site boundary lines. If the site is vegetated, provide FLUCFCS overly or vegetation inventory identifying upland, wetland and exotic vegetation. (LDC 10.02.03.B.1.d - e) 4. CIearly identify the location of all preserves and label each as "Preserve" on all plans. (LDC 3.05.07.A.2). 5. Provide calculations on site plan showing the appropriate acreage of native vegetation to be retained, the max. amount and ratios permitted to be created on -site or mitigated off - site. Exclude vegetation located within utility and drainage easements from the preserve calculations (LDC 3.05.07.13-1); 3.05.07.F; 3.05.07.11.I.d -e). 6. Wetland line shall be approved by SFWMD and delineated on the site plan. (LDC 3.05.07.13;10.02.03.B.1 j.) 7. Provide a wildlife survey and include the species specific wildlife habitat management plan on the site plan. The management plan shall include a monitoring program for sites larger than 10 acres. (LDC 3.04.00) 8. Provide a complete and sufficient EIS (and the review fee) identifying author credentials, consistency determination with the GMPs, off -site preserves, seasonal and historic high water levels, and analysis of water quality. For land previously used for farm fields or golf course, provide soil sampling/groundwater monitoring reports identifying any site contamination. (LDC 10.02.02) 9. Retained preservation areas shall be selected based on the criteria defined in LDC 3.05.07.A.3, include all 3 strata, be in the largest contiguous area possible and shall be interconnected within the site and to adjoining off -site preservation areas or wildlife corridors. (LDC 3.05.07.A.4) 10. Informational: Principle structures shall be located a minimum of 25' from the boundary of the preserve boundary. No accessory structures and other site alterations, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within 10' of the boundary unless it can be shown that it will not affect the integrity of the preserve (i.e. stem wall or berm around wetland preserve). Provide cross - sections for each preserve boundary identifying all site alterations within 25'. (LDC 3.05.07.H.3; 6.01.02.C.) n 11. Provide the location, maintenance plan, and type of habitat of any proposed off -site preset vation/mitigation. (LDC 3.05.07.F) 12. Wetlands within the RFMU District and the Urban Designated Area Lake Trafford/Camp Keais wetland system shall provide an assessment of the value and function of the onsite wetlands (WRAP score). Direct i - `- - ' shall be directed away from high Packet Page -3477- 9/13/2011 Item 17.A. Public Utilities review comments for Petition CP- 2008 -4, Fillmore Recycling: Water and Wastewater review comments: Based on the current 2008 Water and Wastewater Master Plan Updates, this project is not located within the Collier County Water - Sewer District (CCWSD) Service Area and is not part of any other existing Utilities District. There are no connections or extensions of the existing water and sewer utilities proposed, therefore, this project does not impact the CCWSD. Solid Waste review comments: The Collier County Public Utilities Solid Waste Department supports the further development of private vendors that will help to receive and manage more of the county's waste stream. The existing mulching recycling facility and the Collier County Landfill are adjacent, and this GMPA application will allow this project to provide additional recycling operations which will support receiving, crushing, sorting, and storing of construction & demolition materials. If the proposed GMP amendment is approved, applicant plans to submit a conditional use application to expand operations to include collection of construction and demolition materials. As such, Solid Waste staff and applicant and his agents met on August 16 2009 to discuss future uses on the property. Solid Waste staff desires to ensure that the property is in compliance with all existing local, state and federal regulations and in harmony with existing practices at the landfill. Therefore, at the meeting Solid Waste staff raised concerns related to odor, noise, health and safety, fire safety, traffic, and hurricane preparation. It was agreed that applicant will provide information to address these concerns in the conditional use application subject to Solid Waste staff's further review. Packet Page -3478- Fvv tidal. Qmn, P. A. TwAddreosingChea ldlat(i2392526724) iB:22ta2M8/i0t3MT-06Pg42-08 9/13/2011 Item 17.A. COLLIER COUNTY GOVERNMENT ADDRESSING DEPARTMENT WWW.0 L=.Q V.NET 2800 NORTH HORSE$HOB DRIVE NAPLES, P40RIDA 34904 (239) 252-2400 FAX (2391;52-5724 Please complete the following and fax to the Addressing Department at 239.252 -6734 or submit in person to the Addressing Department at the above address. Fora sl#Vjet( by Addreulna personnel pHRE to g an »lioatlott rna n4 _aL aso allow 3 dais for ardcessinq. Not ail items will apply to every project. Items in gold type are required_ POLIO NUMORRS MUST BE PROVIDED. PoM older than 6 months wig require additional review and approval by the AddresabV Department•. PETITION TYPE (tndloate type below, complete a separate Addressing Checklist for each Peiigon type) ❑ BL (Blasting Permit) ❑ 84 (boat Dook Extension) p CamivaVeirous Permit ® CU LCondittonel Use) EXP (Excavation Permit) FP (Final Plat LLA (Lot Line Adjustment) ❑ PNC (Project Name Chi) PPL (Plans & Plat Review) PSF (Preliminary Subdivision Plat) PUD Rezone RZ (Standard Rezone) 8DP (site Development Plan) SDPA (SDP Amendment) SDPI (insubstantial Change to SDP) SIP (Site improvement Plant) SIPI (Insubstantial Gtiange to SIP) SNR (Street Name Change) SNC (street Name Changs -- Unplatted) TOR (Transfer of Development Rights) VA (Variance) VRP (Vegetation Removal Permit) VRSFP (Vegetation Removal & Sits RI Permit) OTHER LEGAL DROCRIPTION of subject property or properties (copy oflengMyd8Wdpt10h maybe aftoo M SEE ATTACHED ..-czr t'.� �1 fir, POLIO (Praparty ID) NUM13 Eft (s) of above (attsch to, or assaaWto with, legal description If more than one) aD341920 0� STREET ADDRESS or ADDRESSES (es applicable, if already assigned) M-1) WASH URN A E APLES PL 3411 LOCATION MAP must be attadzed showing exact location of pro)actlstte in relation to nearest public road right. of -way SURVEY (copy - needed only for unplatted properties) PROPOSED PROJECT NAME (if applicabla) YAHL MULCHING & RECYCLING PROPOSED STREET DAMES (if applicable) SITI: DEVELOPMENT PLAN NUMBER (tor exisffig projeoW$#tes only) SDP 20 5 - t) Qa D or AR # Packet Page -3479- Frn:01na A. Green, P.A. TwAdeiresging Checklist 1IMm2s724) 15:22 0211614DOMT -05 pg a3 06 9/13/2011 Item 17.A. .�Aw�c oUMV COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE ADDRESSING DEPARTMENT NAPLES, FLORIDA 34904 %W —ff QQ , ER©CV.hJT (239) 262 -2400 FAX (230) 252.5724 lam lect or development names proposed for, or aUeedy appearing in, oondomtnium documents (if applioation; indicate whether proposed or existing) Please check one.. ❑ Checklist Is to be Faxed book ® Personally Picked Up APPLICANT NAME: GINA -kt,, GREEN, RE, PHONE 239t348-0600 FAX 8*2WA 23 Signature on Addressing Checklist does not constitute Project andlor Street Name approval and Is subject to further review by the Addressing Department, FOR STAFF USE ONLY FLNi Number (Primary) 00 �.. � Ct 4,09 Folio Number Folio Number Folio Number Approved by:..,, t1 f'1.ta4 C r -1 Date:, 1 —7 D Updated by: pate: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Packet Page -3480- n THIS INSTRUMENT PREPARED BY: Jwm D. Vogel, Psq, Fla. Bar No. 0051373 Vogel Law Office, P.A. Suite s, Midwest Title Bldg. 3936 Temimtti T[ id North Nopla, Floc& 34103 (239) 262-2211 PREPARATION ONLY WTMOUT OPINION QUITCLAIM DEED 384JZJI 019/13/2011 Item 17.A. RRCOADRD in OFFICIAL xawuo5 at coLLiaa counTi, FL 05/1312006 at 09:42AK DWIGHT E. BROCK, CLBRI lie 111 16.50 DOC -.70 .70 COPIES 2.00 KISC 1.50 Aeta: FILLKORR LLC 2250 WASEM AVI MIS FL 34117 4032 THIS QUITCLAiMDEED made the dayof 2006, byLLMORE, LL C, hereinafter called the GRANTOR, to IULLMORE, LLC, whose post ogee address is 2250 Washburn Ave., Naples, Florida 34117-4032, hereinafter called the GRANTEE. (Wherever used herein the tern "grantor" and "grantee" include all the parties to this hW ument and the heirs. Legal representatives and assigns of individuals, and the successors and assigns of corporations). CO Cp�� W11MSSETH: That the iiY tor, for and in c on ofthe sum of S 10.00, in bard paid by the said grantee, the hereby ac lmo ad does hereby remise, release and quitclaim unto said a t, clal and demand which the said grantor, has in and to the fo o t, f situate, lying and being in the County of Collier aml fate f o ! A parcel of land 1 ' ._ Sect one 4 ou ' 27 East, Collier County, Florida, b ' re particularly des f Commencing at the No otner of the So er of the Southwest quarter of Section 31, Township 49 n i ence along the North line of the Southwest quarter of the Sa c " ' Section 31, North 89°5841" Fast, a distance of 343 feet to the Point ofBegittoutg of the Parcel of land herein dcscnbed; 'Thence, continuing along the North line of the Southwest quarter of the Southwest quarter of said Section 31, South 89 °59'49" Past, a distwm of 102930 feet; thence South 02 °0430" East, a distance of 658.93 feet; thence North 89 °58'14" West, a distance of 342.85 feet; thence South 02 °0532" East, a distance of 558.99 feet; thence North 89 °57'41" West, a distance of 1029.48 feet; thence North 02 °0749" West, a distance of 558.60 feet; thence South 89 15877 "East, a distance of 343.20 feet; thenceNorth 02 003136" West, a distance of 658.67 feet of the Point ofBegitning. Property I.D.: 00341040004; 00341360001; 00337520004; 00337040005; 00341920409; 00341920302;00338600004 v.N..prfnjM+*os bid et t'*k"OSOLL' QO6V ffPw * dwLwpd Packet Page -3481- 9/13/2011 Item 17.A. OR; 4041 PG; 3808 Phis MgM nt�g dose to coWuN ate aB parcels ondised is the PropeCty ID's shy bm& sad recorded in OR Book 3270. page 2754; OR Book 3270. 2fte- 2756 and QR 200k 3 7 a g 2759. TO HAVE AND TO HOLD the same together with all and singalar the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said grantor, eit3w in law of equity, to the only proper use, benefit and behalf of the said grantee forever. L4 VfiITNESS WfFREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, seated and delivered in our presence: Witnesses: STATE OF t' COUN'T'Y OF The foregoing Quitclaim Deed was acknowledged before me this d— day . of Teresa Filhnore and John Fillmore, Managers of Filhnore, who are ersonall known to me or who has produced t entificatlon_ •��,�.,� Typed or Printed Name ofN101&y = ' Coramissionho. -41cN Am" My Commission Expires: Packet Page -3482- #DD25032a STAV- cdtrey County 9/13/2011 Item 17.A. COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISIOW NAPLES, FLORIDA 34104 PLANNING AND REGULATIONS (239) 252-2400 FAX (239) 252 -5358 www.collieroov.net AFFIDAVIT Well, Fillmore LLC being first duly sworn, depose and say that well amlare the owners of the property described herein and which is the subject matter of the proposed hearing, that .all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner Well further authorize in any matters regarding this Petition. 4 ignature of Property Owner John Fillmore Typed or Printed Name of Owner The foregoing instrument was Q, byT as identification: INN. ■NGS A L BR(S My COMMMM a 0D 68MI '�, EXPIFES: September 7.2013 E1:r eanaea nw ►raerr wb unaawrs to act as our /my representative of Property Owner Teresa Fillmore Typed or Printed Name of Owner day of 'A�KO -V-A na is personally knowns'cme or has produced APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - new May2070 (Signature o6yotary Public) yc (Print, Type) or Stamp Commissioned Name of Notary Public) Packet Page -3483- 9/13/2011 Item 17.A. Go ter county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION/ NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252 -2400 FAX (239) 252 -6358 www.collierciov.net STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST APPLICANT INFORMATION ` NAME OF APPLICANT(S) FILLMORE LLC ADDRESS 2250 WASHBURN AVE CITY NAPLES STATE FL ZIP 34117 TELEPHONE # 239 - 352 -7888 CELL # 239 - 825 -8528 FAX # 239 - 352 -4649 E -MAIL ADDRESS: FILLRACING(cD- AOL.COM ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 2250 WASHBURN AVE, NAPLES, FL 34117 LEGAL DESCRIPTION Section/Township /Range 31/49/27 Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 00341920409 Metes & Bounds Description: SEE ATTACHED TYPE OF °SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM ❑ b. CITY UTILITY SYSTEM ❑ c. FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME d. PACKAGE TREATMENT PLANT ❑ (GPD capacity) e. SEPTIC SYSTEM TYKE OF WATER SERVICE TO BE PROVIDED /1--• n COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 9/13/2011 Item 17.A. Co r County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 www.collieraov.net TOTAL POPULATION ,TO. BE.SERVED: 25 EMPLOYEES PEAK AND!AVERAGE.;DAILY DEMANDS:: A. WATER -PEAK 500 AVERAGE DAILY 300 B. SEWER -PEAK 500 AVERAGE DAILY 300 IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED N/A NARRATIVE STATEMENT. Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the 11 services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAILABILITY CAPACITY FROM °OTHER. PROVIDERS:; Unless waived or otherwise provided for at the pre - application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. 9/13/2011 Item 17.A. YAHL MULCHING & RECYCLING, INC. UTILITY NARRATIVE STATEMENT The Yahl Mulching & Recycling project is located east of the Collier County Landfill on Washburn Avenue. This site is and existing operational site that presently provides horticultural recycling. It presently has water and sewer service provided by a private septic system for sewer collection and treatment and a private potable well for water service and a fire well for fire protection. This site is outside of the service area for County provided water and sewer service. The existing private potable well on the site has served the project for years. The current office is served by a septic system for their sewer service. A new office is proposed in a metal building that was recently erected on the site. This new office will be served by a new septic tank and drainfield designed to current standards for its sewer service. The existing potable well will provide water service for this new office. An existing fire well is provided on the site to provide fire protection on the site. Packet Page -3486- A— ZONING S/F HOME (5 AC. 7RACT- OWNED BY YAHL FAMILY) 9/13/2011 Item 17.A. A— ZONING S/F HOME (5 AC 7RAC: OWNED BY FRANK WASHBURN A VE. S r r a PROPOSED 6' ' - �?{ sra a COe9FD _ iNIH A r 97E a�a asm DRY PRETREATMENT v r- < MAW sw a ast4a oasmc JIMM v Dow � nos fe a' fEMGE 01; I � aaN; � m STING SEPTIC REM Z \ N ELD(TO BE REM VED) m 1 DRY PRETREATMEN PROPOSED RullowEvi SIDE SLOPE: PROPOSED NEW OFFtE AND I GRAVEL STORAGE AREA DRY PRETREATMENT GINA R. GREEN P. A. GINA R. GREEN P.E. FL. REG. NO. 46608 3310 1ST AVE N.W. NAPLES, FL 34120 239 -348 -0500 -c — 720 -4823 .--' 22W WASHON (W HE OEIMOUSh YAHL MULCHING PROJECT UTILITY PLAN DWG UTILITIES CU SCALE: 1"=50' Packet Page -3487- DATE: 12/28/10 SHEET 1 OF 1 LU OFFICE OPERATION AREA = 3.71 AC. V Jam( W NOTE.PERMANENT D0~ FUEL STORE EMERGENCYSTANDBY GAS POWER SHALL BE PROVIDED n051AVG W FOR THE PUMP IRRIGATION no �' WAT SYSTEM PER FIRE DEPT. ER SERVICE REO+TS• OLL TE az_ ¢ 4a EXISTING LL YAHL MULCHING PROJECT UTILITY PLAN DWG UTILITIES CU SCALE: 1"=50' Packet Page -3487- DATE: 12/28/10 SHEET 1 OF 1 9/13/2011 Item 17.A. YAHL MULCHING & RECYCLING, INC. PUBLIC UTILITIES REVIEW COMMENTS FOR PETITION CP20084, FILLMORE RECYCLING The Yahl Mulching & Recycling facility located on Washburn Avenue in Collier County, Florida is presently a horticultural recycling facility. The addition of Construction & Demolition Debris (C &D) Recycling is desired for the property. This narrative is to address the concerns of the Solid Waste staff as to how the site will be in compliance with all local, state and federal regulations and in harmony with existing practices at the landfill. Please find the following information to address their concerns for odor, noise, health and safety, fire safety, traffic and hurricane preparation. Odor & Noise Control The existing site layout lends itself to protect the neighbors from being exposed to the activities on the site. Other than the composting area to the northeast corner of the site, all other activities are located towards the landfill side of the site to the west. The offices and parking are adjacent to the roadway on the north. This layout minimizes the exposure of the neighbors to the recycling areas. The composting area in the northeast will remain and not be used for C &D recycling. This composting area has operated in this capacity without any complaints from the neighbors. The C & D operations will be conducted in the westerly and southerly portions of the site which is the furthest point from any. neighbors. Therefore odor and noise will be minimized by the distance between them. There is a conservation area that buffers this activity from the neighbors to the east. There is also a large detention pond that is located to the east of the C &D recycling area to also provide a n buffer. The operating hours for this site is similar to the landfill, therefore it will be conducted business during daylight hours, from 6:30 am to 5:00 pm, Monday through Saturday. Health & Safety, Fire Safety The portions of the site that are directly accessible to the rights -of -way have fencing installed to prevent the entry to the site which minimizes the probability of someone straying onto the property and getting injured. There is a fire well for fire fighting installed on the property in case of a fire in accordance with the fire codes. There are keys provided in a box for emergency personnel to access in the site in case of emergency after normal operating hours. The site is gated and locked at night to secure the site. All of these provide for the health and safety of the neighboring properties. Traffic The owners of the property voluntarily paved and continue to maintain the private roadway named Washburn Avenue. This provides for a safe, durable surface for trucks to be able to enter the site and not cause a hazard to the local traffic in the area. This helps the local area and provides them with a clean, safe surface to drive upon and minimizes the dust that trucks can create on limerock roadways. Hurricane Preparedness The site has developed a hurricane preparedness plan that requires all loose debris to be processed and secured prior to the approach of a storm. They have storage areas to group their containers in a manner to minimize storm impact on them. These areas are placed on the westerly side of the property away from the neighbors and towards the landfill. They have under roof storage that allows the to secure their equipment under roof for protection. n Packet Page -3488- 9/13/2011 Item 17.A. f2mega Consulting Group TRAFFIC IMPACT STATEMENT FILLMORE RECYCLING CPA May 2009 White Lake Boulevard Collier County, Florida n Prepared For: Prepared By: John & Teresa Fillmore Omega Consulting Group, LLC Fillmore LLC C/o Yahl Mulching 2250 Washburn Avenue Naples, FL 34117 Project # R9005.02 3365 Woods Edge Circle, Unit 101, Bonita Springs, Florida 34134 Packet Page -3489- 9/13/2011 Item 17.A INTRODUCTION AND SUMMARY Omega Consulting Group, LLC is providing this update to the Comprehensive Plan Amendment Traffic Impact Statement (TIS) previously prepared by Vanasse & Daylor, LLP for the Fillmore Recycling. The purpose of this study is to provide Collier County with sufficient information to assure that traffic- related impacts are anticipated and that effective mitigation measures are identified for the proposed development. The Fillmore Recycling facility is located northeast of I -75 & Collier Boulevard interchange to the southeast of the Collier County Landfill on Washburn Avenue in Township 49, Range 27, Section 31 in Collier County. The site area is approximately ±16 acres and is currently utilized as recycling facility for yard waste. The site will have one full- movement site access onto White Lake Boulevard. Only traffic generation, distribution, AM and PM traffic assignments, significance test and roadway link analyses have been prepared for this study. For purposes of this evaluation, the Buildout Year was assumed to be consistent with the Collier County 2014 planning horizon. CONCLUSIONS, RECOMMENDATIONS AND MITIGATION The analysis indicated that the estimated Fillmore Recycling facility site - generated trips are projected to be de minimus (less than 1 %) on Collier Boulevard. All roadway segments are projected to operate within their maximum service volume (SFinax) or Level of Service Standard (LOS). As shown in Table 5, the levels of service for all links in the area of the project are projected to meet the level of service standards computed by the AUIR Tables for PM Peak Hour with Buildout Year Total Traffic. Therefore, no off -site improvements are projected to be required for this project. The developer proposes to pay the appropriate Collier County Road Impact Fees. R9005 CPA TIS- 001.doc Packet Page -3490- 9/13/2011 Item 17.A. PROPOSED DEVELOPMENT EXISTING LAND USE The Fillmore Recycling facility is located northeast of I -75 & Collier Boulevard interchange to the southeast of the Collier County Landfill on Washburn Avenue in Township 49, Range 27, Section 31 in Collier County. The site area is approximately ±16 acres and currently utilized as recycling facility for yard waste. One full- movement access onto White Lake Boulevard is proposed. AREA CONDITIONS SITE ACCESSIBILITY AREA ROAD SYSTEM The existing roadway conditions for the area of the project were used to provide the base Buildout roadway network. Exhibit 1 shows the existing roadways in the vicinity of the project. The roadway system inside the study area consists of the following arterial and major collector roads and streets: Collier Boulevard (CR 95 1) Collier Boulevard (CR 95 1) in the study area will be a north -south four and eight lane divided arterial roadway under county jurisdiction. The roadway alignment is fairly level and tangent. The speed limit is posted at 45 miles per hour (mph). White Lake Boulevard White Lake Boulevard in the study area is an east -west two -lane local roadway that terminates at Collier Boulevard. The roadway alignment is fairly level and tangent. The speed limit is 30 mph. 89005 CPA TIS- 001.doc Packet Page -3491- 2 9/13/2011 Item 17.A. COMMITTED ROADWAY IMPROVEMENTS Roadway improvements are constructed to alleviate current area road deficiencies and to support future area development. For purposes of this study, a "committed" roadway improvement means that the characteristics of the higher -level facility may be used in the reserve capacity estimates. Since this is a Comprehensive Plan Amendment TIS, roadway improvements that are currently under construction or are scheduled to be constructed within the FY 2009 to FY 2011 time frame were considered to be committed improvements. These were identified in the Collier County 2008 Annual Update and Inventory Report (AUIR) • 8 -lane expansion of Collier Boulevard near 1 -75 interchange and 8 -lane to 4-lane converge near the main Golden Gate canal is anticipated to be under construction in 2010 TRIP GENERATION Site - generated trips were estimated using the anticipated operational characteristics of the site and the expected daily hours of operation. Approximately 500 weekly and 100 daily truck trips are estimated for the existing yard waste recycling facility entering and exiting the Fillmore Recycling site. Approximately 10% of the trips are estimated to be from private individuals with 90% coming from commercial sources. It is estimated that about 50% of site truck trips are to and from the nearby existing land fill site on White Lake Boulevard. The remaining 50% trips are projected to use Collier Boulevard directly to /from the project site. The proposed construction debris recycling facility is projected to generate an additional 150 daily truck trips. It is anticipated that the distribution between private individuals and commercial sources would be similar. The existing yard waste recycling facility operates with 15 full -time employees. An additional 10 full -time employees will be required to operate the proposed construction debris recycling facility. Operating hours are anticipated to be 7AM to 5PM averaging 10 hours per day. Based on the operational characteristics, 150 daily truck trips are expected to be evenly distributed through 10 working hours. The site - generated trip estimates that were derived as follows: 150 trucks /day = 300 directional truck trips per day = 300 trucks/ 10 hours = 30 directional truck trips /hour. Based on anticipated estimates of 50% in and 50% out then 15 trucks are entering and 15 trucks are exiting the site during AM peak hour; and 15 trucks are entering and 15 trucks are exiting the site during PM peak hour. 50% of the truck traffic is anticipated to be to /from the existing County landfill, 50% of the truck traffic will access Collier Boulevard. The recycling facility will have an additional 10 R9005 CPA TIS- 001.doc Packet Page -3492- 3 rdlillibi 9/13/2011 Item 17.A. employees so at most, there would be I vehicle per employee for 10 vehicles entering in AM and exiting the site in PM peak hour. For analytical purposes, the truck component of the estimated site - generated trips was converted to passenger car equivalents (PCE's) using a truck factor multiplier of 1.7. The multiplier is based on Exhibit 20 -9 from the Highway Capacity Manual 2000 (see Appendix of Original Vanasse & Daylor, LLP TIS for copy of the exhibit). The site - generated trip estimate results are shown in Table 1. TABLE I LAND USE Estimated Truck Traffic Passenger Car Equivalent (PCE) multiplier* _ Truck PCE's Employees Total *Per Vanasse & Daylor, LLP TIS DISTRIBUTION AND ASSIGNMENT AM Peak PM Peak ADT Total Enter Exit Total J_nter Exit 300 30 15 15 30 15 15 1.7 PM Peak Link From 510 52 26 26 52 26 26 20 10 10 10 10 530 62 36 26 62 26 36 The pattern of site traffic distribution is based on locations of generators in the area surrounding the project and engineering judgment. Table 2 presents the assumed trip distribution and assignment. Exhibit 1 graphically presents the trip distribution. Table 2 Site - generated Trip Distribution and Assignment' 1 All site - generated trips are based on PCE values R9005 CPA TIS- 001.doc Packet Page -3493- 4 AM Peak PM Peak Link From To DIST Total Enter ail Total Enter Exit Collier Blvd Golden Gate Pkwy Utilities Drive 25% 16 9 7 16 7 9 Collier Blvd Utilities Drive 1 -75 25% 16 9 7 16 7 9 White Lake Blvd Collier Blvd Land Fill Access 50% 31 18 13 31 13 18 White Lake Blvd Land Fill Access Project Access 100% 62 36 26 62 26 36 1 All site - generated trips are based on PCE values R9005 CPA TIS- 001.doc Packet Page -3493- 4 9/13/2011 Item 17.A. The percentage distributions were applied to the site - generated traffic volumes to determine the site - generated vehicle trip assignments. Exhibit 2 shows the site - generated trip assignments for the PM Peak Hour. SIGNIFICANCE TEST According to Collier County Land Development Code (LDC) Section 6.02.02 and Collier County TIS Final Guide Dated 11 -03 -2006, "Significantly impacted roadways and intersections are identified based on the following criteria: a. The proposed project highest peak hour trip generation (net new total trips) based on the peak hour of the adjacent street traffic will determine the limits of the trip distribution and analysis. • Trips distributed on links directly accessed by the project where the project traffic by direction is equal to or exceeds 2% of the peak hour service volume for the adopted LOS standard. • Trips on one link adjacent to the link directly accessed by the project where the project traffic by direction is equal to or greater than 2% the peak hour service volume for the adopted LOS standard. • Trips on all subsequent links where the project traffic by direction is equal to or greater than 3% the peak hour service volume for the adopted LOS standard. In other words, a project will have a significant and adverse impact on a state or regionally significant roadway only if both of the following criteria are met: (1) the project will utilize 2 percent or more of the maximum peak hour service volume at the adopted level of service standard for the adjacent and next to adjacent link, 3 percent for the other links; and (2) the roadway is projected to operate below the adopted level of service standard. Significance was estimated according to Collier County's 2/2/3 rule, and the links were evaluated to determine whether projected operation would be within County standards. The data resources used for this analysis are shown in the Appendix. Table 3 presents the significance test results. Table 3 Significance Test Note: SF. for White Lake Boulevard were obtained from Thomasson Road and were provided by Transportation Staff for Collier Boulevard R9005 CPA TIS- 001.doc Packet Page -3494- 5 PM Peak Site PCT of Link Fr— To S max Trips SF�,,G Collier Blvd Golden Gate Pkwy Utilities Drive 3,515 9 0.3% Collier Blvd Utilities Drive 1 -75 3,515 7 0.2% White Lake Blvd Collier Blvd Land Fill Access 760 13 1.7% White Lake Blvd Land Fill Access Project Access 760 26 3.4% Note: SF. for White Lake Boulevard were obtained from Thomasson Road and were provided by Transportation Staff for Collier Boulevard R9005 CPA TIS- 001.doc Packet Page -3494- 5 9/13/2011 Item 17.A. The only site - generated trips that were estimated to be significant ( >2 percent of the SF,,,,) were on White Lake Boulevard between the land fill access and the project. The site - generated trip assignments were not projected to be significant on any. links of the Collier County roadway network. PROJECTED BACKGROUND AND TOTAL TRAFFIC VOLUMES Background traffic volumes were developed using multiple sources. Specific Link volume data were provided by the Collier County Transportation Department. Data reviewed included the Collier County Transportation Operations Department 2008 Traffic Count Report , Collier County Concurrence Segments Tables dated April 4,2009 and the 2008 Collier Comm AUIR . The Appendix contains copies of the applicable data used. Per methodology meeting dated April 22, 2008, proposed 4 to 8 -1ane improvement of Collier Boulevard near I -75 interchange was confirmed by Collier County Transportation Staff. Maximum capacity SF,,,,,, 3515 vph for Collier Boulevard between 1 -75 and Golden Gate Boulevard was used in the subsequent analysis in this report, per Collier County Transportation Staff's instruction. Table 4 presents the link- specific background traffic data with the information contained in the Collier County AUIR table for 2007. Table 4 BACKGROUND TRAFFIC VOLUMES Based on 2008 Collier County AUIR Max PK Hr Trip Total Remaining Link From To SFAS Vo_ lume Bank Volume Capaci Collier Blvd Golden Gate Pkwy 1 -75 3,515 1,384 617 2,001 1,514 i SFinax pr ovided by Collier County Transportation Staff R9005 CPA TIS- 001.doc Packet Page -3495- Gi 9/13/2011 Item 17.A. Growth trends have been negative so the AUIR Trip Bank was used as the most conservative total volume of background traffic. ANALYSES CAPACITY AND LEVEL OF SERVICE LINK ANALYSES Link Levels of Service were evaluated for both Background and Total Traffic conditions for this project. The SF,,,,,, for different roadway segments were provided by the Collier County Transportation Planning Department or from a similar roadway within Collier County as denoted on the 2008 AUIR Table. Copies of these data are contained in the Appendix. Table 5 presents the link analysis results. Table S LINK LEVEL OF SERVICE ANALYSIS RESULTS PM PEAK HOUR WA Std BKGD Project Total AUIR BKGD Total Road Segments From To Traffic Traffic Traffic SFinax Traffic Traffic Collier Blvd Golden Gate Pkwy Utilities Dr 2,001 9 2,010 3,515 Y Y Collier Blvd Utilities Dr 1 -75 2,001 7 2,008 3,515 Y Y The studied links are projected to be within the level of service standards for the PM peak hour with buildout year Background and Total Traffic. Based on this analytical result, no further analyses are required. Appropriate turn lanes should be analyzed during the SDP process for this project. The developer proposes to pay the appropriate Collier County Road Impact Fees. R9005 CPA TIS- 001.doc Packet Page -3496- 7 C O a � dk O c LL y ti t v t (j e i VQ� J Ee Jam aka 4 Hit pal M Q � C C V co W N � \V rn 3 9 vd cm C =W i w �a �It �i a as s 3 t �O V m �w �l p �L W N O E E tU (q 3 3 y D APPENDIX • Initial Meeting Checklist — April 22, 2008 • Collier County Annual Update Inventory Report (AUIR), 2008 • Excerpt from Collier County Traffic Count Report • Excerpt from Highway Capacity Manual 2000 Golden Gate Parkway Mixed Use Subdistrict TIS Packet Page -3499- 9/13/2011 Item 17.A. Appendix 9/13/2011 Item 17.A. INITIAL MEETING CHECKLIST APRIL 22, 2008 Packet Page -3500- r-1N 9/13/2011 Item 17.A. APPENDIX A INITIAL MEETING CHECKLIST Suggestion: Use this Appendix as a worksheet to ensure that no important elements are overlooked. Cross out the items that do not apply. Date:04/22/2008 Time: ?`-°a Location: Collier County Planning Conference Room (Trans Ops) SM- Suite 211 People Attending: Name, Organization, and Telephone Numbers 1 } Reed Jarvi, P.E. - Vanasse & Daylor, LLP 437 -4601 2} John Podczerwinsky -CC Transportation 3 } /h! dctw( G.cate- -Gcr 4} 5} Study Prenarer: Preparer's Name and Title: Reed Jarvi, Vice President Organization: Vanasse & Daylor. LLP Address & Telephone Number: 12730 New Brittany Blvd, Suite 600 Fort Myers. FL 33907 (239) 437 -4601 Revie"yer(sl• Reviewer's Name & Title: John Podczerwinsky, Project Manager Collier County Transportation. Planning Department Reviewer's Name & Title: Organization & Telephone Number: Applicant: Applicant's Name: John & Teresa Fillmore. Fillmore LLC C/o Yahl Mulching Address: 2250 Washburn Avenue Naples Florida 34117 Telephone Number: _Proposed Development: Name: Fillmore Recycling Location: On east side of I -75 & Collier Boulevard interchanee. southeast of the Washburn Avenue & Crawford Avenue intersection in Township 49 Range 27 Section 31 to Collier County. Exhibit 1 shows the -location and study area Land Use Type: f 15 Acres site to be used as construction debris recycling facility ITE Code #: N/A Proposed number of development units: N/A Other. NIA Packet Page -3501- 9/13/2011 item 17.A. Description: N/A Zoning: Rural Fringe Mixed Use District (RFMUD) Existing: Urban Comprehensive plan recommendation: Growth Management Plan Amendment Requested: N/A Findings of the Preliminary Study: Trip Generation: This project is projected to generate 62 PM Peak Hour net new (primary) trips (26 entering 36 exiting) 62 AM Peak Hour net new trips (36 entering, 26 exiting) Exhibits 2.3 and 4 uresent trio distribution AM and PM Peak Hour Site Trip Assignments. Study Tine Small Scale TIS Minor TIS „',C Major TIS ❑ `�` �� . Study Area: Boundaries: Collier Boulevard & Utilities Drive /White fake Boulevard intersection (see 7� Exhibit 1 Additional intersections to be analyzed: N/A Horizon Year(s): 2013 Analysis Time Period(s): Weekday AM and PM Future Off -Site Developments: N/A Source of Trip Generation Rates: Site generated trip 1eneration estimates were based on u-,6, anticipated operational characteristics of the site and the expected daily hours of Operation Details of site - generated trip estimates are included in the Appendix. / Reductions in Trip Generation Rates: None: N/A Pass -by trips: N/A Internal trigs (PUD): N/A Transmit use: N/A Other: NIA Horizon Year Roadway Network Improvements; N/A Methodology & Assumptions: Non -site traffic estimates, N/A Site -trip generation: manual method based on anticipated operational characteristics and hours of gperation Trip distribution method: Manual method per attractors /generators in the area Traffic assignment method: manual Traffic growth rate: 2.8-8-0+, �_s - -- r BQ+ Trgffie Tea GQ n ,., . =.ter !ti VCaII.V� l/ii 2 L./V L tau � — A& le" : t• .,, _.';�f,; w . ti .... !01V /Z Packet Page -3502- 9/13/2011 Item 17.A. Special Features: (from preliminary study or prior experience) Accidents locations: N/A Sight distance: Adequate Queuing: N/A Access location & configuration: One Full- movement site access on White Lake Boulevard Trade control: Unsignalized Signal system location & progression needs: N/A On -site parking needs: Adequate Data Sources: Collier County Traffic Counts and AUIR for 2007_ Base maps: Roadway Network Prior study reports: N/A Access policy and jurisdiction: Collier County Review process: Growth Management Plan Amendment approval TIS Requirements: NIA Miscellaneous: N/A Small Scale Study � X - :Minor Study - $750.00 X Major Study - $ 1 500.00 n Includes 2 intersections Additional Intersections - $500.00 each Aff fees will be agreed to during the AfethodofoAy meeting and must be paid to Transportation prior to our sign- of)`"on the application. Applicant Packet Page -3503- 9/13/2011 Item W.A. EXHIBIT A Collier County Traffic Impact Study Review Fee Schedule Fees will be paid incrementally as the development proceeds: Methodology Review, Analysis Review, and Sufficiency Reviews. Fees for additional meetings or other optional services are also provided below. Methodology Review - $540 Fee Methodology Review includes review of a submitted methodology statement, including review of submitted trip generation estimate(s), distribution, assignment, and review of a "Small Scale Study" determination, written approval/comments on a proposed methodology statement, and written confirmation of a re- submitted, amended methodology statement, and one meeting in Collier County, if needed.. 'ISmall Scale Stu dv ".Review - No Additional Fee (Includes one sufficienev review) Upon .approval of the- methodology review, the. applicant may submit the study. The review includes: a concurrency determination, site access inspection and confirmation of the study compliance with trip generation, distribution and maximum threshold compliance. "Minor Studv Review" - $750 Fee (Includes tine sufficiencv review 1 Review of the'.submitted traffic analysis ircludes: pptiorial :field visit to site, confirmation of trip generation, distribution, and assignment, concurrency determination, confirmation of committed improvements, review of traffic volume data collected/assembled, review of off -site improvements within the right -ofway, review of site access and circulation, and preparation and review) of "sufficiency" comments /questions. reviews) Review of the submitted traffic analysis includes: field visit to site, confirmation .of trip generation, special trip generation and/or . trip 'length study, distribution and assignment, concurrency deterrniination, confirmation of committed :improvements, review of traffic volume data collected/assembled, review of traffic growth analysis, review of off -site roadway operations and capacity analysis, review of site access and circulation, neighborhood traffic intrusion issues, any necessary improvement proposals and associated cost estimates, and preparation and review of up to two rounds of "sufficiency " comments /questions and/or recommended conditions of approval. "Additional.intersection Review" - $500 Fee The review of additional intersections shall include the same parameters as outlined in the "Major Study Review" and shall apply to each intersection above the first two intersections included in the "Major Study Review" "Additional Sufficiency Reviews" - $500 Fee) Additional sufficiency reviews beyond those initially included in the appropriate study shall require the additional Fee prior to the completion of the review. Packet Page -3504- `f :R" too a 411 i E `f :R" 9/13/2011 Item 17.A. Fillmore Recycling 4/212008 11�� The site - generated trip estimates that were derived as follows: 150 trucks /day = 150 trucks/ 10 hours= 15 two -way truck trips /hour = 15 truck trips /peak hour entering and exiting Based on anticipated estimates of 50% in and 507o out, 8 trucks entering and 8 trucks exiting the site during AM peak hour; and 8 trucks entering and 8 trucks. exiting the site during PM peak hour will access Collier Boulevard. The recycling facility will have an additional 10 employees so at I vehicle per employee there will be 10 vehicles entering in AM and exiting the site in PM peak hour. For analytical purposes, the truck component of the estimated site - generated trips was converted to passenger car equivalents (PCE's). using a truck factor multiplier of 1.7. The multiplier is based on Exhibit 20 -9 from the Highway Capacity Manual 2000 (see Appendix for copy of the exhibit ). The site - generated trip estimate results are shown in Table 1. TrlpGen 1:TrojectsSt =1181I521Traf dBIl52_GMPATIS_0l.xis Packet Page -3506- � ] k 6� § t � \ k LA k / CD � W N O � � � D � A 2 � f � � � a_ 7 ui f / N e 2 e o us q / A ai MC IL 4 \ LIP � Ln 10 \ ° \ r m $ 2 2 � LLI )� \ 2 } %- « \ / 7 d / } ° Q R 2 / \ � � k 6� § t � \ k LA k / CD � W N O � � � D Q � W IL ui f 1 t- / � >1 \ _ o us \ / cz ai MC IL \ LIP � \ \ \ $ 2 2 � LLI )� \ 2 } %- « / 7 d / } k 6� § t � \ k LA k / CD � W N O � � � D s m k 2 < / r-. w 2 CL CIS @ < o � N k 2 § � � { i % s k k co j / � � W N 0 � � cu \ � 3 � D 2 D � / \ . � \ § 5 3 = \ e � « m I . 2 a- \ k � 5 : § � «\ )SI 7 .) 2 u -a \ k di 2 § c # ° 0 © 2 U � 2 / 2 4.0 / d ul 6 � � a � 2 ■ • 0 0 2 z Z $ ca & � I I ± I cl � § 9 a / U § � � { i % s k k co j / � � W N 0 � � cu \ � 3 � D (0 W N 0 --L � 3 -4 0 JA . } � 3 *10 § | j k ƒ . q co co % � � \ . � a � k a . ° & . \ tj 2 . . _ / \ / / \ � I . . . > / d ƒ j �2 a fj . £ 0 NO / a \ � \ } 3 W § LL- m ) / k -0 \ � � § � . , ] . . § g . ) / � . / © v 7 2 2 CO § « . \ 0 / k ° a B U) \ \ / \ / } � k (0 W N 0 --L � 3 -4 0 0 0 0o c c _v td R N E t0 en a U a 0 ' N a -Y .o F- to m o U 0 �n CL V) x o �jt A O N _ f� 0 � ❑ N it a JL �� 1 n o Q � m EI o Q m �o D o v O N O v o` E it N /�� K 0 N_ F 'Q D. n m FF o`o w T W N O T� to O CD m � D `o E w + L L 7E O a N rr ��•o m co �� rr J m V a o En V � Q O Pt N J Q� m m p[ H L m j W� A O y. V CLy y •O ci"f� a7 �+ y < �' C7 4 J C1_ N N t a ci co V II ,Js� W ' ca ca a d z z k co co ! o� Q E N) co N m d �0 a w O ..r c J W N O CD 3 y L N 'u co 3 � J s` Ln J d Q� m j W� A CLy y ci"f� a7 �+ y CL C7 J N u t a ci V II ,Js� W ' L L Rf [d d ul J G) 'R k co co z L. L- v 2 :3 o o `o U U ! o� Q E N) co N m d �0 a w O ..r c J W N O CD 3 y : 3 , kk A_ A2d �§ J2 23 \ k o� G| Zi X222 E %f3 ! -/ { � ! * ;AE !�N 0 q � � m m D | | | , 2 | | %00 � x 75 ) ca ) | _� @� / / r | , R■ S u { q; K � 0 . [ | kZ _sue @2 ` | g= ° gI� . 2I . } \| ) . G : 3 , kk A_ A2d �§ J2 23 \ k o� G| Zi X222 E %f3 ! -/ { � ! * ;AE !�N 0 q � � m m D tr ca anu;)hv P.JOYAw:) H M r om A 'v C .X A .3 6 6 O Ci �i fly trt U O vv 0 CD 3 LU 9E--, > zi < anuaAV pjoymv:) mm LA od L 0 C7 a C2 F til t4t CL r.f:x Ia. co W Ii�3 CD CD CIO 3 > i -4 9/13/2011 Item 17.A. COLLIER COUNTY ANNUAL UPDATE AND INVENTORY REPORT (AUIR) al1 Packet Page -3515- W O 7 az z d� u• _ d G L �+ w A �O m •� Y E o aY� F C. 'Y �L m F q L O Y � zd e � Y Y Y � y v> > C R U in 9 wa 4 H O h H S N H N H Y vi. E- E- 0 q M V1 01 GO M G O u O O d v R: � W Y W F UU m F �fi gFvvU �UU sFv suu Y Y U N N m L Y N N X vyi Y N u u Y N U U G C Y U 3 U 3 Y Y LLB U V U U L Y 3� Ctt u u wW W -' `gym a' uLX tX vvF `" :.':: = '.nisi' �CXv u y •o r� Z Zz�� FF F t� w> o 8zzwwzz o o o m jU Z rnz ZF22Z� � 0 W W W x W W W w UUUUUUAm0gAgUAAAc:v AUumuUAAwggm m W t, A Mmt, UggqmA W 4.wggg000UUq W 00 O C N t'1 M N N _ M �/1 h ••� �D N N O 00 n •O _ h M h^ C pp O O h r M ^ U'1 �O M M �/1 ••� T C d• b M N'o O• Or Vt O O�� N 00 Vt h ro 0o Vl M OO — M h h� C' N N 00 l b r O� �O o' h N N 7 h �D M 'o h ^ M O� r r N r Vi N N O b c M M M h ! O r N 'O 0 7 h to �D N h N O% D` r N N N �O — N M N N� O� h M N o, OO r U w r �p w v� h 00 O O �O M 'C Or N D` M �n N h �O M h N 1' �O O� O O r r M �O ^� b h N vi I A of vt r O 00 (`L O. O •-';, b Q of O O;, O. 00 �'1 N h Vt R T C M M O 00 ^' O� �O OD O\ O� N O M 7 f4 O� N �D N �n M r �D M O N �O N h O M M N v� M M M 00 N^ ^ �O 00 00 O M R �/1 ao n v� v1 h O� N v� h 7 O 00 0 M O �O N 0 .. �/'f 0 0\ M W M O O� m D` h O� •-• N •-• �n N O. D\ •-� — h V^ M �D •-• v� O O� �T h ^ h h O 00 V1 h O V1 — Q\ Q N 00 h r � O M o0 h r pp OD V� O Vl v� h �O V �O M Vf C vl 00 ^ `O Vf M vl �D �O of �O ..� r O� C .•- �D R M R �O 00 M O� vt n M^ O� <f M 00 G 00 O O O N O� n U 00 vi vt O O N N O o0 y 00 `C O+ 00 of �n �. < Q 00 00 R 00 Vi O 00 oo M v� M �O n M O n O O. O� O n O. N h^ �O �O .-• n v1 O. vi r �n `O lO �D a0 �O `C O �n O `O h vl �D O �O N W 00 M 00 �O 1' M M M N M vi 00 h n 00 n e1 h c O 0 �o 0 0 h h 0 M 0 0 M 0 0 0 00 0 0 N BOO 0 �O N S O O O O S O O O O o S S O 00 OQ O O O S O O O O S O� O� O '..J' O O O N N O S n 0 00 O V N Q`. U M M 00 Nl N r nj Q v1 T CI ^ to Nl N N N ^^ N M 7 R� M •-� r N M rat •- N N N N �'1 M N— N N ^+ M M h N N N1 M Nl N^ �•'1 M V1 O� O O M Vl V1 N �/1 40 T V1 Vl T h M C O M 0 0 a O O CC 0 0 7 �/f M M O O O N N N b N �D �O h O• h n 0 00 0�0 7 r r �D h Vt Vt Vi vl Vt VI �D �O vl Vi vl vl h �n h �O vl vt of v1 �O Vt �o Vt v� �n Vf �D '/l `O V1 v� �O lO to �n lO to �D V1 �O �/1 �O �/1 v� v1 �o vt �O �o �O vt vl �D �O vl A b b b b CA 7A N N N A A A N Q A b b b `Ao Q N �D b b N N b b �O b b A A Q N N b b Q Q b b lo N N N Q N .p lo Y 9 m b ° o .acA Y > Y > o ° v E •d u m o •coat m ° d a o a m 3 Y m a 7Baa oss q o ° 3 �° Y > •e •O > 9 o . mi y m E y •Cf O my at ; 'O N A •C A �.+ r Y .3 °Ki m g o q 7 R N 7 k. .� 9 m �` m m m 'td• _ g Y m R O a. fy" .Y. m Y R m Y q ; w : .__ A 'O o�C C G C •O Y u 3 R o m e o ... Y m 7 a y u x H° T7 R o C N Gm O C A .G ':J O�_> g R d d V 712. ° C mm. 6t A= •q �-: ? y° p i%' y ° OKi 9° \1J 'O Y �' C G m Q E C y Y y C ,m•, H •p CO C W .� 'nYD v 'O < �C 'Yi7 'YO b y `n Y R G .0 U 7 9 O F P vi 3 N N O O >SiiC7atAOF C O c>d Vl ^a N L^ U¢ •_ aU O n�U3C7¢a O ._ ^v)U C_ >'ac7Z) W O >010 h r m W x�3 V1 m R �� R >ac�aaraU30 p ._ •,>., n O u rA nv�o G E' z O N O R Y N O O b b L q ; � � o� t. U o 4 O a m o o m �, � m ?� . >_ .° � ti > v d •c o, Y o •� °m c ao' p m o m tea; [y R •� iO e;moC ;� ACC Y caCq G ami tg .4 ux u A o u u r° u m m� Y .. m m AC�mY 'b ca'm— oFmrr o^ 3 u- mo ° c a c o > �* a > v v ae g ° ° > �c° '^ v v > v m ` a g 5 v a c ?? r >On oo m A�3 m o Amr3�c7 >a�¢a o D • •O •O 9 b N 9/13/2011 Item 17.A. EXCERPT FROM COLLIER COUNTY TRAFFIC COUNT REPORT Packet Page -3517- G E F i d U 8� .r W se N �S CD D n -Rig dr' � ?�f ?� § ?$ p O ° N �i � °° S O T-1 lC <M. I T;f R N W Ti, $� W N N n. 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Highway CGNLit-,Iy rvru, luur Luuu vp = passenger -car equivalent flow rate for peak 15 -min period (pc/h), V = demand volume for the full peak hour (veh/h), PHF = peak -hour factor, fo = grade adjustment factor, and fHv = heavy - vehicle adjustment factor. PHF PHF represents the variation in traffic flow within an hour. Two�lane highway analysis is based on demand volumes for a peak 15 -min period within the hour of interest — usually the peak hour. For operational analysis, the full -hour demand volumes mast be converted to flow rates for the peak 15 min, as shown in Equation 20 -3. Grade Adjustment Factor The grade adjustment factor, fG, accounts for the effect of the terrain on travel speeds and percent time - spent - following, even if no heavy vehicles are present. The values of the grade adjustment factor are listed in Exhibit 20 -7 for estimating average travel speeds and in Exhibit 20 -8 for estimating percent time - spent - following. EXHIBIT 20 -7. GRADE ADJUSTMENT FACTOR (f0) TO DETERMINE SPEEDS ON TWO-WAY AND DIRECTIONAL SEGMENTS Range of Two -Way Flow Range of Directional Flow Type of Terrain Level Rolling Rates (pelh) Rates (pdh) 1.00 0.77 6-600 0-300 1.00 0.71 > 600 -1200 > 300400 1.00 0.93 > 1200 > 600 1.00 0.99 EXHIBIT 20 -8. GRADE ADJUSTMENT FACTOR (fG) TO DETERMINE PERCENT TIME - SPENT - FOLLOWING ON TWO -WAY AND DIRECTIONAL SEGMENTS Type of Terrain Range of Two -Way Flow ' Range of Directional Flaw Level Rolling Rates (pcih) Rates (pc /h) 0-600 0 -300 1.00 0.77 • 600 --1200 > 300 -600 1.00 0.94 • 1200 I > 600 1.00 1.00 Adjustment for Heavy Vehicles The presence of heavy vehicles in the traffic stream decreases the FFS, because at base conditions the traffic stream is assumed to consist only of passenger cars —a rare occurrence. Therefore, traffic volumes must be adjusted to an equivalent flow rate expressed in passenger cars per hour. This adjustment is accomplished by using the _factor fHV' Adjustment for the presence of heavy vehicles in the traffic stream applies to two types of vehicles: trucks and RVs. Buses should not be treated as a separate type of heavy vehicle but should be included with trucks. The heavy - vehicle adjustment factor requires two steps. First, the passenger -car equivalency factors for trucks (ET) and RVs (ER) for the prevailing operating conditions must be found. Then, using these values, an adjustment factor must be computed to correct for all heavy vehicles in the traffic stream. 20 -7 Packet Page -3519- Heavy - vehicle adjustment considers trucks and RVs. Buses are included with trucks. Chapter 20 - Two -Lane Highways Methodology 9/13/2011 Item 17.A. Highway Capacity Manual 2000 Passenger -car equivalents for extended two -way segments are determined from /0-N, Exhibit 20 -9 for estimating speeds and from Exhibit 20 -10 for estimating percent time - spent- following. The terrain of extended two -way segments should be categorized as level or rolling. EXHIBIT 20 -9. PASSENGER -CAR EQUIVALENTS FOR TRUCKS AND RVS TO DETERMINE SPEEDS ON TWO -WAY AND DIRECTIONAL SEGMENTS EXHIBIT 20 -10. PASSENGER -CAR EOUIVALENTS FOR TRUCKS AND RVS TO DETERMINE PERCENT TIME- SPENT - FOLLOWING ON TWO -WAY AND DIRECTIONAL SEGMENTS Type of Terrain Level Rolling Vehicle Type Range of Two -Way Range of Directional Flow Rates (pclh) Flow Rates (pc1h) Trucks, ET 0-600 0 -300 1.7 2.5 > 600 -1,200 > 3M-600 1.2 1.9 > 1.200 > 600 1.1 1.5 RVs. ER 0- 600 0-300 1.0 1.1 > 600 -1,200 > 300 -600 110 1.1 > 1,200 > 600 1.0 1.1 EXHIBIT 20 -10. PASSENGER -CAR EOUIVALENTS FOR TRUCKS AND RVS TO DETERMINE PERCENT TIME- SPENT - FOLLOWING ON TWO -WAY AND DIRECTIONAL SEGMENTS Level Terrain Level terrain is any combination of horizontal and vertical alignment permitting heavy vehicles to maintain approximately the same speed as passenger cars; this generally includes short grades of no more than 1 or 2 percent. Rolling Terrain Rolling terrain is any combination of horizontal and vertical alignment causing heavy vehicles to reduce their speeds substantially below those of passenger cars, but not to operate at crawl speeds for any significant length of time or at frequent intervals; generally, this includes short -. and medium - .length grades of no more than 4 percent. Segments with substantial lengths of more than a 4 percent grade should be analyzed with The specific - de.procedure for directional segments. Heavy- Vehicle Adjustment Factor Once values for ET and ER have been determined, the adjustment factor for heavy vehicles is computed using Equation 20 -4. where Chapter 20 - Two -Lane Methodology f NV (20-4) -- 1 + Pr (Et- 1) + Pa (ER -1) Pr = proportion of trucks in the traffic stream, expressed as a decimal; PR = proportion of RVs in the traffic stream, expressed as a decimal; 20 -8 Packet Page -3520- Type of Terrain Level Rolling Vehicle Type Range of Two -Way Range of Directional Fiav Rates (pc1h) Flow Rates (pc1h) Trucks, ET 0 -600 0 -300 1.1 1.8 > 600 -1,200 > 300400 1.1 1.5 > 1,200 > 600 1.0 1 1.0 RVs, ER 0 400 0 -300 1.0 1.0 > 600 -1,200 > 300 -600 1.0 1.0 > 1,200 > 600 110 ; 1.0 Level Terrain Level terrain is any combination of horizontal and vertical alignment permitting heavy vehicles to maintain approximately the same speed as passenger cars; this generally includes short grades of no more than 1 or 2 percent. Rolling Terrain Rolling terrain is any combination of horizontal and vertical alignment causing heavy vehicles to reduce their speeds substantially below those of passenger cars, but not to operate at crawl speeds for any significant length of time or at frequent intervals; generally, this includes short -. and medium - .length grades of no more than 4 percent. Segments with substantial lengths of more than a 4 percent grade should be analyzed with The specific - de.procedure for directional segments. Heavy- Vehicle Adjustment Factor Once values for ET and ER have been determined, the adjustment factor for heavy vehicles is computed using Equation 20 -4. where Chapter 20 - Two -Lane Methodology f NV (20-4) -- 1 + Pr (Et- 1) + Pa (ER -1) Pr = proportion of trucks in the traffic stream, expressed as a decimal; PR = proportion of RVs in the traffic stream, expressed as a decimal; 20 -8 Packet Page -3520- 9/13/2011 Item 17.A. HighWOY CCrPuurry ivrur ruu ruvu Er = passenger -car equivalent for trucks, obtained from Exhibit 20 -9 or Exhibit 20 -10; and ER = passenger -car equivalent for RVs, obtained from Exhibit 20 -9 or Exhibit 20 -10. Iterative Computations Exhibits 20 -7 through 20 -10 —the grade adjustment factor fG and the passenger -car equivalents for trucks (ET) and RVs (Ek) —are stratified by flow rates expressed in passengercars per hour. However, until Equation 20 -3 is applied, the flow rate in passenger cars per hour is not known. Therefore, an iterative approach must he applied to determine the passenger -car equivalent flow rate vp, and from that, either average travel speed or percent time - spent - following. First, determine the flow rate, in vehicles per hour, as V/PHF. Second, select values of fc], ET, and ER appropriate for that flow rate from the tables. Then, determine the vp from those values using Equations 20.3 and 20 -4. If the computed value of vp is less than the upper limit of the selected flow -rate range for which fr, ET, and ER were determined, then the computed value of vp should he used. If the vI, is higher than the upper limit of the selected flow -rate range, repeat the process for successively higher ranges until an acceptable value of vp is found. Because the highest range includes all flow rates greater than 1,200 pc/h in both directions of travel combined, it can be used if a computed value exceeds the upper limit of both lower flow -rate ranges. Determining Average Travel Speed The average travel speed is estimated from the FFS, the demand flow rate, and an adjustment factor for the percentage of no- passing zones, The demand flow rate for estimating average travel Speed is determined with Equation 20 -3 using the value of fHv computed with the passenger -car equivalents in Exhibit 20 -9. Average travel speed is then estimated using Equation 20 -5. where ATS = FFS – 0.00776vp – fri p (20 -5) ATS = average travel speed for both directions of travel combined (mi/h), fr,p = adjustment for percentage of no- passing zones (see Exhibit 20 -11), and vp = passenger -car equivalent flow rate for peak i 5 -min period (pclh). The FFS used in Equation 20 -5 is the value estimated with Equation 20 -1 or Equation 20 -2. The adjustment for the effect of the percentage of no- passing zones on average travel speed (f„p) is listed in Exhibit 20-11. The exhibit shows that the effect of no- passing zones on average travel speed increases to a maximum at a two -way flow rate of 400 pc/h and then decreases at higher volumes. The maximum value of fr,p is 4.5 mi/h. Determining Percent Time- Spent - f=ollowing The percent time- spent - following is estimated from the demand flow rate, the directional distribution of traffic, and the percentage of no- passing zones. The demand flow rate (vP) for estimating percent time- spent - following is determined with Equation 20 -3 using the value of fHV computed with passenger -car equivalents from Exhibit 20 -10. Percent time- spent - following is then estimated using Equation 20 -6. Appropriate values of base percent time- spent - following can be determined from Equation 20 -7. PTSF = SPTSF + fd#?p (20 -6) where PTSF = percent time - spent - following, 20.9 Chapter 20 -Two -Lane Highways Methodology Packet Page -3521- Ecological, Environmental A 9/13/2011 Item 17.A. g , Agricultural Land Management, Permitting, Septic E ENVIRONMENTAL CONSULTING Ramsey Inc. LEP, CWB, CFEA, REPA, CEHP mop- ,P - Licensed Environmental Professional NB -Certified Wildlife Biologist CFEA - Certified Florida Environmental Assessor REPA - Registered Environmental Property Assessor CEHP - Certified Environmental Health Professional OSHA 5 — Hazardous Materials Incident Commander E -mail: Ramsey.Inc @embarqmail.com Office: 239.564.1660, Fax: 866.334.1496 26314`h St. NW, Naples, FL 34120 www.ramseyinc.net PROTECTED SPECIES WILDLIFE SURVEY REPORT- SPRING 2009 PROJECT: YAHL MULCHING SDPA AR 7633 DATE: 05.01.09 Owner: Fillmore LLC (Yahl Mulching) BY: Michael R. Ramsey County: Collier Ramsey Inc. City: Naples Size: 28.8 acres Legal Descriptions: PID 00341920409 2250 Washburn Ave; the SW 1/4 or the SW t/4 Section 31; Township 49, Range 27 INTRODUCTION The applicant Yahl Mulching has applied to the Collier Co. Government, the South Florida Water Management District ( SFWMD) and US Army Corps of Engineers ( USACOE) to expand its existing operation of mulching and recycling of vegetative material in Collier Co. (Figure 1). The following protected species /wildlife survey report was done to meet the submission requirements for each agency. n This report evaluates if the above described project property is utilized by any protected species listed by the Florida Fish and Wildlife Conservation Commission (FWC) and the US Fish and Wildlife Service (FWS). A protected species /wildlife evaluation for this property was conducted in 2000, 2006, 2007 and 2008, this report follows up on those 4 previous reports. METHODS First, the project properties were surveyed and a map prepared of the habitat types on site. Second, the official lists of protected species were obtained from each of the agencies (FWC & FWS). The FWC list all species classified as protected by the state of Florida government. The FWS list all species that are classified as protected in the state of Florida by the United States government. Third, each species on each list was researched as to county of occurrence and required habitat in the literature. Last, all species that were indicated as being found in Collier Co. and having a habitat type that occurred on the project properties were searched for by surveys on the project properties. RESULTS Survey Dates-. This property was initially evaluated for the presence of protected species in 2000. Collier Co. Government Natural Resources Division concluded there was no issue with protected species on this site and issued approval to move ahead with a site development plan in the Conditional Use Permit proceedings. The area was resurveyed in 2006 for the presence of protected species for the SFWMD and USACOE. The SFWMD found no issues with protected species and issued their permit #11.02649 -P on 15 March 2007. The USACOE is still evaluating their permit application at this time. The project properties were visited on: October 14 - December 30 in the year 2000; and resurveyed on the dates: 09/15, 09/23, 09/30, 10105, 10/12, 11105, 11/26, 12/09 and 12/17 in 2006. In 2007 the project area was visited on 09/23 -24, 09/29, 10/06, 10/20, 10/28, 11/11 and 11/13. In 2008 the property was visited on 04/02, 04/04, 04/06, 04/26, 05/14, 05/18 and 05/25. For this 2009 survey period the property was visited on 04./12, 04/14 and 04/16. The surveys were done in the morning (AM) 2 -3 hours after sunrise and in the evening (PM) 2 -3 hours before sunset. Survey routes are shown in Figure 2. Packet Page -3522- Yahl Mulching SDPA AR 7633 Spring 2009 Protected Species Report 01 May 2009 �\ Page 2 9/13/2011 Item 17.A. Habitat. The Florida Land Use, Cover and Forms Classification System ( FLUCFCS) was utilized to produce the habitat maps for the project properties. The habitat or FLUCFCS maps are depicted in Figure 2 for the Yahl Mulching project. Table 1 below indicates the acres for each habitat type. Table 1. FLUCFCS acres for the Yahl Mulching and Recycling property. ID# Acres FLUCCS # Habitat Type 1 2.6 111 Single Family Residence 2 3.2 152 Timber Processing 3 0.5 624/743 Pine /Cypress/Palm/spoil piles 4 1.6 621 Cypress 5 7.0 624 Pine /Cypress/Pahn 6 0.8 624/8146 Pine /Cypress/Palm impacted by road clearing 7 1.1 624 Pine/Cypress/Palm 8 0.3 434 Hardwood Conifer 9 4.7 624 Pine /Cypress/Palm 10 3.4 624/742 Pine /Cypress/Palm impacted by borrow pit excavation 11 2.4 621 Cypress 12 0.5 8145 Graded/Drained Road 13 0.7 8145 Graded/Drained Road The Yahl property has been impacted by road construction on the north, south and west sides of the property. This construction has effectively cut off sheet flow across the property, except for unusually high rainfall events. Impacted hydrology appears to be the cause of the pine trees being present with present in cypress transition areas in the 624 habitats. It is also the reason for the heavy melaleuca infestation in the 624 areas to be preserved. This area has been slowly drying out over time. In the site development plan the applicant will be impacting 6.37 acres of wetlands at the northwest corner of the property (adjacent to the road, Figure 3) and preserve approximately 11.73 acres to the south of the operations area that will be rehydrated and enhanced (Figure 3). Rehydration is anticipated to greatly improve the vegetative conditions and make it more attractive to wetland wildlife. All permits for this project have been issued by Collier County Government, SFWMD and USACOE as of the writing of this report to proceed with the modification and expansion of this area for vegetative recycling and composting. State/Federal Protected Species Listed The FWC list was published in May 2008 and lists 117 animals as protected in the State of Florida and is attached as Appendix A. Based on general habitat requirements, historic distributions and actual sightings, the FWC lists 51 animal species that may occur in Collier County. There are 50 species that are vertebrates and 1 invertebrate. The 51 species are listed in Figure 4. The FWS list is updated daily on their website. The May 2009 list totals 113 animal and plant species as protected in the State of Florida and is attached as Appendix,B. Based on general habitat requirements, historic distributions and actual sightings, the FWS lists 24 species (24 animals and no plants) that may occur in Collier County. Species for Collier Co. are listed in Figure 4 also. Site Survey Results. Figure 5 indicates the cumulative total of all species observed over 6 survey events. Daily field sheets are located in Appendix C. Overall, 20 species were noted, 16 bird species, 3 mammals and 1 reptile. The most frequent bird species observed was mourning dove with 19 observations and for mammals - gray squirrel with 3 n observations. The area also has received its second treatment for exotic nuisance plant removal as required by issued permits. The habitat is much more open than in previous years. Packet Page -3523- Yahl Mulching SDPA AR 7633 Spring 2009 Protected Species Report 01 May 2009 Page 3 Species Results. 9/13/2011 Item 17.A. Gopher Frog/Rana capito: Prefers dry sandy, upland habitats adjacent to wetland areas. This type habitat is not present onsite, or adjacent properties and no individuals were observed on site. Changes in the project property will have no effect on this species. Cape Sable seaside sparrow /Ammodramus maritimus mirabilis : Currently inhabits seasonally inundated freshwater interior marshes within Everglades National Park and Big Cypress National Preserve in Monroe and Dade County. Last documented in Collier Co. in 1979. This habitat is not present onsite and no individuals were observed on the property. Florida Grasshopper sparrow /Ammodramus savannarum floridanus: Prefers large areas of frequently burned dry prairie habitat, with patchy open areas sufficient for foraging. This habitat type is not present onsite and no individuals were observed on the property. In addition, this species has not been observed since 1955 in Collier Co. Changes in the project property will have no effect on this species. Florida scrub jay/ Aphelocoma coerulescens: Prefers low growing scrub oak plants. This habitat is not present onsite and no individuals were observed on the properties. Changes in the project property will have no effect on this species. Limpkin/Aramus guarauna: Inhabits mangroves, freshwater marshes, swamps, springs and spring runs, and pond and river margins. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. n Florida burrowing owl/Athene cunicularia floridana: Prefers habitats of high, sparsely vegetated, sandy ground. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Cuban-/snowy plover, Charadrius alexandrinus: Prefers dry, sandy beaches, where they nest in shallow depressions, usually near some vegetation or debris. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Piping plover /Charadrius melodus: Prefers open, sandy beaches and on tidal mudflats and sandflats along the coasts. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Kirtland's warbler IDendroica kirtlandii: Nests in nearly homogeneous stands of usually 30 ha or more of dense scrubby jack pine. Florida maybe a migration stop between Michigan and the Bahamas. Individuals may flay straight through. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Little blue heron/Egretta caerulea: Feeds in shallow freshwater, brackish, and saltwater habitats. Nesting colonies usually occur in coastal areas, but prefers foraging in freshwater lakes, marshes, swamps, and streams. Nests in a variety of woody vegetation types, including cypress, willow, maple, black mangrove, and cabbage palm. Usually breeds in mixed- species colonies in flooded vegetation or on islands. Nesting habitat is present onsite, but no other nesting of other wading bird species has been observed. No individuals or nests were observed on the property. Changes in this property will have no effect on this species. It is planned to rehydrate approximately 12 acres of forested wetlands in a preserve area. This improvement in habitat conditions may encourage use. Reddish egret/Egretta rufescens: Typically prefers coastal mangrove islands, or in Brazilian pepper on manmade dredge spoil islands, near suitable foraging habitat. Generally forages in shallow water of variable salinity. Broad, open, marine tidal flats and shorelines with little vegetation are ideal feeding areas. Also important are salt Packet Page -3524- Yahl Mulching SDPA AR 7633 Spring 2009 Protected Species Report 01 May 2009 �� Page 4 9/13/2011 Item 17.A. evaporation pools and lagoons, often located inside mangrove keys or just inside shoreline on mainland. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Snowy egretlEgretta thula: Nests both inland and in coastal wetlands with nests placed in many types of woody shrubs, especially mangroves and willows; usually over shallow waters. Almost all nesting is over shallow waters or on islands that are separated from shoreline by extensive open water. Feeds in many types of permanently and seasonally flooded wetlands, streams, lakes, and swamps, and in manmade impoundments and ditches. Breeding success is tied to water -level fluctuations. Preferred nesting habitat is not present onsite. There are no permanently inundated areas on site. Seasonally flooded areas are very short in duration. No individuals or nesting were observed on the properties. Changes in this property will have no effect on this species. It is planned to rehydrate approximately 12 acres of forested wetlands in the preserve area. This improvement in habitat conditions may encourage use. Tricolored heronlEgretta tricolor: Most nesting colonies occur on mangrove islands or in willow thickets in fresh water, but nesting sites include other woody thickets on islands or over standing water. Prefers coastal environments. Feeds in a variety of permanently and seasonally flooded wetlands, mangrove swamps, tidal creeks, ditches, and edges of ponds and lakes. Preferred nesting and feeding habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. It is planned to rehydrate approximately 12 acres of forested wetlands in the preserve area. This improvement in habitat conditions may encourage use. White ibislEudocimus albus: Found in a wide variety of habitats, including freshwater and brackish marshes, salt flats and salt marsh meadows, many types of forested wetlands, wet prairies, swales, seasonally inundated fields, and man-made ditches. The forested wetland habitat is present onsite and targeted to be preserved and enhanced. No individuals or nests were observed in the property. Changes in this property will have no effect on this species. It is planned to rehydrate approximately 12 acres of forested wetlands in the preserve area. This improvement in habitat conditions may encourage use. Peregrine falcon/Falco peregrinus: The Peregrine Falcon frequents open areas like marshes, fields, swamps, and tidal areas. Since its reintroduction into the eastern United States, however, the Peregrine Falcon has colonized many urban areas because of increased nesting sites (and nesting ledges being created on buildings). This species is considered to be recovered and is waiting for delisting. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Southeastern American kestrel /Falco sparverius paulus: Found in open pine habitats, woodland edges, prairies, and pastures throughout much of Florida. Nest sites are tall dead trees or utility poles generally with an unobstructed view of surroundings. Kestrels are not known to nest in Collier County. Most individuals are migrants from the north. No individuals or nests were observed on the properties. Changes in this property will have little to no effect on this species. Florida sandhill cranelGrus canadensis pratensis: Habitat: Prairies, freshwater marshes, and pasture lands. Avoids forests and deep marshes but uses transition zones and edges between these and prairies or pasture lands. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. American oystercatcher /Haematopus palliates: Habitat: Coastal waters. This habitat is not present onsite and no /-� individuals were observed on the properties. Changes in this property will have no effect on this species. Wood stork/Mycteria Americana: Nests colonially in a variety of inundated forested wetlands, including cypress strands and domes, mixed hardwood swamps, sloughs, and mangroves. Forages in 6 -15 inches of surface water. The preferred nesting habitat is present onsite, but the surface water does not get very deep on the property during Packet Page -3525- Yahi Mulching 9/13/2011 Item 17.A. SDPA AR 7633 Spring 2009 Protected Species Report 01 May 2009 Page 5 the year due to the impacts of road building changing the hydrology. No individuals or nests were observed on the properties. Changes in this property will have no effect on this species. It is planned to rehydrate approximately 12 acres of forested wetlands in the preserve area. This improvement in habitat conditions may encourage use. Brown pelican/Pelecanus occidentalis: Habitat: Mainly coastal, feeding in shallow estuarine waters, and (less often) far offshore. . This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Red - cockaded woodpecker /Picoides borealis: Habitat: Inhabits open, mature pine woodlands that have a diversity of grass, forb, and shrub species. Prefers mature slash pine trees that are generally larger than 12 inches in diameter, a wide spacing of trees, no subcanopy and relatively dry conditions. The preferred habitat is not present onsite. No individuals were observed on the property. Again for this survey all pine trees were inspected for nest cavities or start holes and none were found. Changes in this property will have no effect on this species. Roseate spoonbill/Platalea ajaja (Ajaia ajaja): Habitat: Primarily nests in mixed- species colonies on coastal mangrove islands or in Brazilian pepper on man -made dredge spoil islands near suitable foraging habitat. Does feed in forested wetland habitats with slow moving water. Although forested wetland type habitat present, hydrology has been so impacted it is very low quality. No individuals or indications of this species were observed on the properties. Changes in this property will have no effect on this species. It is planned to rehydrate approximately 12 acres of forested wetlands in the preserve area. This improvement in habitat conditions may encourage use. Crested caracara/Polyborus plancus audubonii (Caracara cheriway): Open country, including dry prairie and n pasture lands with cabbage palm, cabbage palm/live oak hammocks, and shallow ponds and sloughs. Preferred nest trees are cabbage palms, followed by live oaks. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Everglades snail kite/Rostrhamus sociabilis plumbeus: Habitat: Large open freshwater marshes and lakes with shallow water. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Black skimmerlRynchops niger: Habitat: Coastal waters, including beaches, bays, estuaries, sandbars, tidal creeks (foraging), and also inland waters of large lakes, phosphate pits, and flooded agricultural fields. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Least tern/Sterna antillarum: Habitat: Coastal areas throughout Florida, including beaches, lagoons, bays and estuaries. Increasingly use artificial nesting sites, including gravel rooftops, dredge spoil islands or other dredged material deposits, construction sites, causeways, and mining lands. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Roseate tern/Sterna dougalli (Sterna dougallii dougallii): Habitat: Nest sites include bare limestone, shell -sand beaches, newly deposited rock and marl fill, dredge material, and heaps of broken coral deposited by storms. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Bachman's warbler /Vermivora bachmand: Historic records indicate the Bachman's warbler nested in low, wet forested areas containing variable amounts of water, but usually with some water that was permanent. This species is considered extinct in Florida. This preferred habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Packet Page -3526- Yahl Mulching SDPA AR 7633 Spring 2009 Protected Species Report 01 May 2009 Page 6 9/13/2011 Item 17.A. Smalltooth sawfish/Pristis pectinata: Habitat: Shallow coastal, estuarine, and fresh waters; often in brackish water near river mouths and large embayments, in deeper holes on bottoms of mud or muddy sand. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Rivulus (mangrove rivulus)/Rivulus marrnoratus: Habitat: coastal, appears to prefer red mangrove (Rhizophora mangle). This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Sei whalelBalaenoptera borealis: Habitat: Pelagic, marine. Generally, in deep water; along edge of continental shelf and in open ocean. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Fin whale (finback whale) /Balaenoptera physalus: Habitat: Pelagic, marine. Usually found in largest numbers 25 miles or more from shore. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species North Atlantic right whale /Eubalaena glacialis (Balaena glacialis [incl. australis]): Habitat: Inhabits near shore and offshore waters. Mainly coastal in the North Atlantic. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species Florida mastiff batlEumops glaucinus f loridanus: Habitat: Roosts in palms and hollow trees and in buildings. Forages high in air over natural as well as human - altered landscapes. Minimal preferred roosting habitat is present onsite. No individuals were observed on the properties or surrounding areas during surveys. Changes in this property will have no effect on this species. Humpback whale/Megaptera novaeangliae: Habitat: Pelagic and coastal waters, sometimes frequenting inshore areas such as bays. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Caribbean monk seallMonachus tropicalis: Habitat: Marine areas. Shallow lagoons and reefs, sandy beaches, and permanent islets or beaches above high tide. Mainly west coast of Florida and Caribbean. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Everglades minklMustela vison evergladensis: Habitat: A variety of wetland communities, including salt marsh, freshwater marsh, cypress swamp, and hardwood swamp. There is very little of the preferred habitat is onsite. However, no individuals were observed or, indicators of the presence was noted on the property. Changes in this property will have no effect on this species. It is planned to rehydrate approximately 12 acres of forested wetlands in the preserve area. This improvement in habitat conditions may encourage use. Sperm whale/Physeter macrocephalus: Habitat: Pelagic, prefers deep water, sometimes around islands or in shallow shelf waters. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Florida panther /Puma (Felis) concolor coryi: Habitat: Requires extensive blocks of mostly forested communities. The FWC panther telemetry database form 1981 -2008 indicates no utilization of this property (Figure 6). The forested habitat panthers utilize is present onsite. No individuals or indicators were observed on the property. Planned changes in this property will have no effect on this species. However, this property is considered to be in the area of the Primary Panther Habitat Zones articulated by FWS (Figure 7). This issue is currently being evaluated by USACOE and FWS for proposed mitigation. FWS has indicated that this area has little value to the Packet Page -3527- Yahl Mulching SDPA AR 7633 Spring 2009 Protected Species Report 01 May 2009 Page 7 9/13/2011 Item 17.A. panther since it is on the edge of the Primary Habitat Zone and bordered by I -75. Proposed changes to the property are expected to have little to no effect on this species. Big Cypress fox squirrel/Sciurus niger avicennia: Habitat: Sandhills (high pine), pine flatwoods, and pastures and other open, ruderal habitats with scattered pines and oaks. Depends on a variety of oak trees for seasonal food and nest material. Longleaf pine cones and seeds are important foods. This habitat type is present onsite, but very few oak trees. No individuals were observed on the properties. Changes in this property will have no effect on this species. Creation of the preserve area may encourage utilization. Florida/West Indian manatee/Trichechus manatus latirostris (Trichechus manatus): Habitat: Coastal waters, bays, rivers, and (occasionally) lakes. Requires warm -water refugia such as springs or cooling effluent during cold weather. Sheltered coves are important for feeding, resting, and calving. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Florida black bear /Ursus americanus floridanus: Habitat: A wide variety of forested communities is needed to support the varied seasonal diet of black bears. Forested wetlands are particularly important for diurnal cover. This habitat is present onsite. However this area is bordered on the south by I -75 which greatly deters access. No individuals or indices were observed on the properties. Figure 8 indicates black bear telemetry locations form 1983 -2000 as collected by the FWC. The closest bear location was 3600 feet from the property however it is south of I -75 and excluded from the property. North of 1 -75 the closet telemetry location was approximately 5900 square feet. Figure 9 indicates the locations of nuisance issues from 1980 -2006 according to the FWC. Generally, there has been no telemetry or nuisance issues on or immediately around the project property. Personal communication with the Naples FWC office revealed that only 3 -4 nuisance complaints for black bears had been n lodged for this general area since 1991 and they were in the last 3 years. Changes in this property will have no effect on this species. Creation of the preserve area may encourage utilization, but is not expected to. Loggerhead seaturtle /Caretta caretta: Habitat: Marine coastal and oceanic waters; nest on coastal sand beaches. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Green seaturtle / /Chelonia mydas: Habitat: Marine coastal and oceanic waters; nest on coastal sand beaches. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. American crocodile / /Crocodylus acutus: Habitat: Coastal estuarine marshes, tidal swamps, and creeks along edges of mainland and islands. Usually associated with mangroves. Nests on beaches, stream banks, and levees. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Leatherback seaturtle /Dermochelys coriacea: Habitat: Marine coastal and oceanic waters; nest on coastal sand beaches. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Eastern indigo snakellDrymarchon corais couperi: Habitat: Broad range of habitats, from scrub and sandhill to wet prairies and mangrove swamps. In northern part of range, often winters in gopher tortoise burrows in sandy uplands but forages in more hydric habitats. This habitat is not present onsite and no individuals were observed on the property. Also, no gopher tortoise burrows were discovered. Changes in this property will have no effect on this species. It is expected that the planned rehydration of this area will further discourage possible utilization. Hawksbill seaturtle/ /Eretmochelys imbricata : Habitat: Marine coastal and oceanic waters; nest on coastal sand beaches. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Packet Page -3528- Yahl Mulching SDPA AR 7633 Spring 2009 Protected Species Report 01 May 2009 Page 8 9/13/2011 Item 17.A. Gopher tortoiselGopherus polyphemus: Habitat: Typically found in dry upland habitats, including sandhills, scrub, xeric oak hammock, and dry pine flatwoods; also commonly uses disturbed habitats such as pastures, old fields, and road shoulders. Typical habitat not present onsite. No burrows or individuals observed on site. Changes in this property will have. no effect on this species. It is expected that the planned rehydration of this area will further discourage possible utilization Kemp's ridley seaturtlellLepidochelys kempik Habitat: Marine coastal and oceanic waters; nest on coastal sand beaches. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Florida tree snailllLiguus fasciatus: Habitat: Tropical hardwood hammock (rockland hammock). This species prefers smooth - barked trees. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species CONCLUSIONS The majority of habitat present on site is 624 pine, cypress, palm. This habitat type appears to be the result of a hydrology impacts over a long period of time, which dried the area out and allowed slash pine to invade in cypress transition areas in the dry years. There was no indication of utilization of the 6.37 acres of 624 to be cleared by protected species. The approximate 11.73 acres that will be preserved and to be rehydrated has a great potential to improve the conditions of the area and increase wildlife utilization. Creation of the preservation area also insures that there will be a connection to the I -75 drainage for "community flow way" to the north of this project. In addition, the preserve area will be protected by a permanent conservation easement with the SFWMD. The preserve area will also be managed for restoration of a natural association of vegetation and function. The preserve area has received 2 treatments for the removal on nuisance exotic plants and the habitat is much more open. Overall, changes in this property will have little to no effect on protected species detected. Implementation of the preserve area, enhancement and rehydration of it will increase wildlife utilization and habitat quality on the property, especially for wetland oriented species; and provide a permanent flow way for the natural flow of water form the north. This area is not expected to have a high increase in wildlife utilization due to the proximity to I- 75. Again, this area would be consider extremely marginal for wildlife use because of its proximity to I -75. Packet Page -3529- Yahl Mulching SDPA AR 7633 Spring 2009 Protected Species Report 01 May 2009 Page 9 REFERENCES 9/13/2011 Item 17.A. Ashton, R. E., Jr., and P. S. Ashton. 1988a. Handbook of reptiles and amphibians of Florida, part 3: The amphibians. Windward Publ., Inc., Miami, Florida. 1988b. Handbook of reptiles and amphibians of Florida, part 1: The snakes, 2nd ed. Windward Publ., Inc., Miami, Florida. 1991. Handbook of reptiles and amphibians of Florida, part 2: Lizards, turtles & crocodilians, 2nd ed. Windward Publ., Inc., Miami, Florida. Barbour, D. B., and S. R. Humphrey. 1982. Status and habitat of the Key Largo woodrat and cotton mouse (Neotoma floridana smalli and Peromyscus gossypinus allapaticola). J Mammal. 63:144 -148. Barnwell, M. E., P. A. Meylan, and T. Walsh. 1997. The spotted turtle (Clemmys guttata) in central Florida. Chelonian Cons. Biol. 2:405 -408. Bartlett, R. D., and P. P. Bartlett. 1999. A field guide to Florida reptiles and amphibians. Gulf Publ. Co., Houston, Texas. Berner, L., and M. L. Pescador. 1988. The mayflies of Florida. Univ. Presses of Florida, Gainesville. Birkenholz, D. E. 1963. A study of the life history and ecology of the round - tailed muskrat (Neofiber alleni). Ecolog. Monogr. 33:225 -280. Bortone, S. A. 1989. Notropis melanostomus, a new species of cyprinid fish from the Blackwater - Yellow River drainage of northwest Florida. Copeia 3:737- 741.story, habitat assessment, and systematics of the blackmouth shiner ( Notropis sp.), Blackwater River drainage. Final Rep. Nongame Wildl. Prog., Florida Game and Fresh Water Fish Comm., Tallahassee. Bouchard, R. W. 1978. Taxonomy, ecology and phylogeny of the subgenus Depressicambarus, with the description of a new species from Florida and redescriptions of Cambarus graysoni, Cambarus latimanus, and Cambarus striatus (Decapoda: Cambaridae). Bull. Alabama Mus. Nat. Hist. 3:27 -60. Bowen, P. J. 2000. Demographic, distribution, and metapopulation analyses of the burrowing owl (Athene cunicularia) in Florida. M.S. thesis, Univ. Central Florida, Orlando. Brady, J. T., T. H. Kunz, M. D. Tuttle, and D. E. Wilson. 1982. Gray bat recovery plan. U.S. Fish Wildl. Serv., Denver, Colorado. Brim Box, J., and J. D. Williams. 2000. Unionid mollusks of the Apalachicola Basin in Alabama, Florida, and Georgia. Bull. Alabama Mus. Nat. Hist. 21:1 -143. Brody, R. W. 1990. Status of habitat and populations of Procambarus pictus in the North Fork of Black Creek, Clay County, Florida. St. Johns River Water Management District, Palatka, Florida. Brown, L. N. 1997. A guide to the mammals of the southeastern United States. Univ. Tennessee Press, Knoxville. Brown, W. S. 1993. Biology, status, and management of the timber rattlesnake (Crotalus horridus): a guide for conservation. Soc. Stud. Amphib. Rept. Herp. Circ. 22. Carle, F. L., and M. L. May. 1987. Gomphus (Phanogomphus) westfalli spec. nov. from the Gulf coast of Florida (Anisoptera: Gomphidae). Odonatologica 16:67- 75. Chace, F. A., Jr. 1954. Two subterranean shrimps (Decapoda: Caridea) from Florida and the West Indies, with a revised key to the American species. J. Washington Acad. Sci. 44:318 -324. Chafm, L. 2000. Field guide to the rare plants of Florida. Florida Natural Areas Inventory, Tallahassee. Chase, C. A., and J. A. Gore. 1989. Snowy plover breeding distribution. Unpubl. final rept., Florida Fish and Wildl.Conserv. Comm., Tallahassee. Choate, P. M. 1984. A new species of Cicindela Linnaeus (Coleoptera: Cicindelidae) from Florida, and elevation of C. abdominalis scabrosa Schaupp to species level. Entomol. News 95:73 -82. Conant, R., and J. T. Collins. 1991. A field guide to reptiles and amphibians: eastern and central North America, 3rd ed. Houghton Mifflin, Boston. Cox, J., D. Inkley, and R. Kautz. 1987. Ecology and habitat protection needs of gopher tortoise (Gopherus polyphemus) populations found on lands slated for large -scale development in Florida. Nongame Wildlife Prog. Tech. Rep. no. 4, Florida Game and Fresh Water Fish Comm., Tallahassee. Crance, J. H. 1986. Habitat suitability index models and instream flow suitability curves: shortnose sturgeon. U. S. Fish n Wildl. Serv. Biol. Rep. 82(10.129). Deitz, D. C., and T. C. Hines. 1980. Alligator nesting in north - central Florida. Copeia 1980:249 -258. Delany, M. F., and C. L. 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A., and D. R. Jackson. 1994. Nesting ecology of the alligator snapping turtle (Macroclemys temminckii) n along the lower Apalachicola River, Florida. Final Rep. NG89 -020, Nongame Wildlife Prog. Florida Game and Fresh Water Fish Comm., Tallahassee. Fitzpatrick, J. W., G. E. Woolfenden, and M. T. Kopeny. 1991. Ecology and development- related habitat requirements of the Florida scrub jay (Aphelocoma coerulescens coerulescens). Nongame Wildlife Prog. Tech. Rep. no. 8, Florida Game and Fresh Water Fish Comm., Tallahassee. Florida Fish & Wildlife Conservation Commission. 2003. Management Plan Red- Cockaded Woodpecker Picoides borealis. Tallahassee, Fl. 78 pp. Florida Fish & Wildlife Conservation Commission. 2003, October 8. Florida's Waterbird Colony Locator. http: / /Www.myfwc.com/waders. Florida Fish & Wildlife Conservation Commission. 2006. Eagle nest locator. http: / /wld.fwc.state.fl.us /eagle /eaglenests. Florida Natural Areas Inventory. 1990. 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Microtus pennsylvanicus (Rodentia; Muridae) in Florida: a Pleistocene relict in a coastal saltmarsh. Bull. Florida State Mus. Biol. Sci. 28:25 -52. Wooley, C. M., and E. J. Crateau. 1985. Movement, microhabitat, exploitation, and management of Gulf of Mexico sturgeon, Apalachicola River, Florida. North American J. Fisheries Manag. 5:590 -605. Wunderlin, R.P. 1998. Guide to the vascular plants of Florida. University Presses of Florida, Gainesville, Florida Zambrano, R., M. S. Robson, D. Y. Charnetzky, and H. T. Smith. 1997. Distribution and status of least tern nesting colonies in southeast Florida. Florida Field Nat. 25(3):85 -91. Zambrano, R., R., H. T. Smith, and M. Robson. 2000. Summary of breeding roseate terns in the Florida Keys: 1974 - 1998. Florida Field Nat. 28(2):64 -68. Packet Page -3535- 9/13/2011 Item 17.A. PROJECT LOCATION MAP J, 5 0 5 10 15 Miles PROJECT: YAHL MULCHING EXPANSION WASHBURN AVE, NAPLES, FL P.yure 1. Project Location Map in Collier County, Yahl Mulching Expansion Parcel, 2250 Washburn Ave., Sec. 31, Twn 49, Rge 27, totaling approximately 28.7 acres. Packet Page -3536- N Inc. Environmental Consulting 2631 4th St. Napples FL 34120 239.56.1660 \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \\ \ w\\� 9/13/2011 Item 17.A. LIST OF USFWS AND FWC PROTECTED SPECIES FOR COLLIER CO., FL. AS OF 04/14/09 Packet Page -3539- _ COMMON NAME SCIENTIFIC NANE DESIGNATED STATUS 2008 2009 FWC FVNI AMPHIBIANS gopher frog Rana capita SSC (1,2) BIRDS Cape Sable seaside sparrow Ammodratnus maritimus mirabilis E E Florida grasshopper sparrow Ammodramus savamwrwn floridanus E E Florida scrub jay - Aphelocoma caendescens T T limpkin Aramus guarauna SSC (1) Athene cunicularia (Athene Florida burrowing owl cuniculariafloridana) SSC (1) _ ivory-billed woodpecker Campephilus principalis E Cuban -1 snowy plover Charadrius alexandrinus T piping plover Charadrius melodus T T Kirtland's warbler Dendroica kirrlandii E little blue hewn Egretta caerulea SSC (1,4) reddish egret Egreta rufercenc SSC (1,4) snowy egret Egretta thula SSC (1) tricolored heron Egretta tricolor SSC (1,4) white ibis Eudocintus albus SSC (2) - peregrine falcon Falco peregrinus E Southeastern American kestrel Falco sparverius paulus T Florida sandWIl crane Grus conadensispratensis T American oystercatcher Aaematopus palliates SSC (1,2) wood stork Mycteria amencano E E brown pelican Pelecanus occidemaks SSC (1) red- cockaded woodpecker Picoides borealis SSC E roseate spoonbill Plawlea ajaja (Ajaia ajaja) SSC (1,4) Polvborus plancus audubonii crested caracara (Caracara cheriway) T T Everglades snail kite Rostrhamus sociabilis plumbeus E E black skimmer Rynchops niger SSC (1) least tem Sterna antillorarn T Sterna dougalli (Sterna dougallii roseate tern dougallii) T T Bachman's warbler Vermivora bachmand E FISH smalltooth sawfish Pristis pectinata E rivulus (mangrove rivulus) Rivulus nwsnwratus SSC (1) MAMMALS sci whale Balaenoptem borealis E fin whale (finhack whale) Baloenoptera physalus E E Eubalaenaglaciatis (Balaena North Atlantic right whale glocialis (i_L aasimlis )) E E Florida mastiff bat Eumops glaucinusfloridanus E humpback whale Megaptera novaeangliae E E Caribbean monk seal Manchus tropiealis - E Everglades mink Mustela vison e.vergladetuis T sperm whale Physeter macrocephalus E Florida panther Puma (fells) concolor coryi E E Big Cypress fox squirrel Sciurus niger avicennio T Trichechus manatus latirostris Florida/West Indian manatee (Trichechur manalus) E E Florida block bear Ursus americanus floridanus Tor REPTILES American alligator Alligator mississippiensis SSC (1,3) loggerhead seaturtle Caretta caretta T T green seaturtle Chelonia mydas E & &Tb American crocodile Crocodylus acutus E E leatherback seaturtle Dentwchelys coriacea E E Eastem indigo snake Drvmarchon corals cooper! T T hawksbill seaturtle Erermochelys imbricata E E - gopher tortoise Gopheraspolyphemus T Kemp's ridley seaturtle Lepidochelyr kcmpii E E INVERTEBRATES MOLLUSKS Florida tree snail Liguur fasciatus SSC (1) PLANTS (NONE) Proiect: YAHL MULCHING SDPA AR 7633 Figure 4. List of USFWS and FWC protected species for Collier Co., Fl. Ramsey Inc. n cor�tdttrg 4" Yahl Mulching Expansion Parcel, 2250 Washburn Ave., 2631 2631 4'" St. NW St. - Sec. 31, Twn 49, Rge 27, totaling approximately 28.7 acres. Naples, FL 34120 239.564.1660 Packet Page -3539- 9/13/2011 Item 17.A. PROTECTED SPECIES/WILDLIFE FIELD SURVEY SHEET CUMLATIVE TOTALS APPENDIX C. PROTECTED SPECIES SURVEY FIELD SHEETS PROJECT: YAHL MULCHING COUNTY: COLLIER DATE: 04/12- 16/2009 ALL SURVEYS BLUEJAY AM & PM TOTAL COUNT OBSERVER: M. RAMSEY, M. HUSSION TIME START: 0645 AM TIIME END: 2030 PM WIND: 0 -15 TEMP: 63 -80 F RAIN: NONE CLOUD COV: 0 -20 % WATER: DRY, DROUGHT CONDITIONS COMMENTS: MAMMALS COTTONTAIL RABBIT 2 (Sylvilagus floridanus) RACCOON 1 GRAY SQUIRREL 3 REPTILE BLACK RATE SNAKE 1 Project: YAHL MULCHING; Spring 2009 Figure 5. Cumulative totals for Protected Species / Wildlife Survey. Daily field sheets in Appendix C. Ramsey Inc. Environmental Consulting 2631411 St. NW Yahl Mulching Expansion Parcel, 2250 Washburn Ave., Naples, FL 34120 Sec. 31, Twn 49, Rge 27, totaling approximately 28.7 acres. 239.564.1660 Packet Page -3540- .0%, TOTAL BIRDS COUNT RED SHOULDERED HAWK 7 BLUEJAY 7 CARDINAL 9 PILEATED WOODPECKER 2 CAT BIRD 4 GREAT EGRET 0 CATTLE EGRET 11 MOCKING BIRD 19 HAIRY WOODPECKER 1 RED BELLIED WOODPECKER 0 GRACKLE 9 MOURNING DOVE 17 VULTURE BLACK 1 GROUND DOVE 3 VULTURE TURKEY 2 MALLARD DUCK 2 MEADOW LARK 0 MAMMALS COTTONTAIL RABBIT 2 (Sylvilagus floridanus) RACCOON 1 GRAY SQUIRREL 3 REPTILE BLACK RATE SNAKE 1 Project: YAHL MULCHING; Spring 2009 Figure 5. Cumulative totals for Protected Species / Wildlife Survey. Daily field sheets in Appendix C. Ramsey Inc. Environmental Consulting 2631411 St. NW Yahl Mulching Expansion Parcel, 2250 Washburn Ave., Naples, FL 34120 Sec. 31, Twn 49, Rge 27, totaling approximately 28.7 acres. 239.564.1660 Packet Page -3540- .0%, PANTHER TELEMETRY 7W ECT: MULCHING Panther telemetry 1981 -2008; 9/13/2011 Item 17.A. 81 -2vou & RECYCLING, INC Yahl Mulching Expansion Parcel, 2250 Washburn Ave., Sec. 31, Twn 49, Rge 27, totaling approximately 28.8 acres. Packet Page -3541- Ramsey Inc. Environment i Consulting 2631 4th St. NW Naples FL 34120 239.564.1660 :11 W "I 0 i'l F " FPROJEGT: YAHL MULGHINO EXPAN51C WASHRURN AVE_ NAPLES_ M1, �t I rir ■t_ • it _ , ir ,o ii i s -� 1 ►'s�rr a i "I t t �► _ aaal f ttat•al aaaPA L.■ 7 ii ►�r7a Y � aKU.lECT: FILLMORE / YAHL MUL RECYCLING. INC! GMp Amphir l d U NCR l=104 � :JIM aLlilil: 9/13/2011 Item 17.A. APPENDIX B FLORIDA'S ENDANGERED SPECIES, THREATENED SPECIES, AND SPECIES OF SPECIAL CONCERN May 2008 FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Packet Page -3545- 9/13/2011 Item 17.A. APPENDIX B CONTENTS PREFACE........................................................................................... ............................... ii NUMERICAL SUMMARY OF SPECIES LISTED BY THE STATE OF FLORIDA AS ENDANGERED, THREATENED, OR SPECIES OF SPECIAL CONCERN .... I OFFICIALLISTS ........................................................................ ............................... I FISH................................................................................................ ............................... 2 AMPHIBIANS................................................................................ ............................... 2 REPTILES...................................................................................... ............................... 2 BIRDS........................... ............................... ................................... ............................... 3 MAMMALS.................................................................................... ............................... 4 INVERTEBRATES ....................................................................... ............................... 6 CORALS..................................................................................... ............................... 6 CRUSTACEANS........................................................................ ............................... 6 INSECTS.................................................................................... ............................... 6 MOLLUSKS............................................................................... ............................... 6 KEY TO ABBREVIATIONS AND NOTATIONS ......................... ............................... 7 i Packet Page -3546- 9/13/2011 Item 17.A. APPENDIX B PREFACE This document consolidates the official state of Florida list of endangered species, threatened species, and species of special concern. The Florida Fish and Wildlife Conservation Commission (FWC) maintains the state list of animals designated as endangered, threatened, or species of special concern, in accordance with Rules 68A- 27.003, 68A- 27.004, and 68A- 27.005, respectively, Florida Administrative Code (F.A.C.), https : / /www.flrules.ora/Default.asp. The state lists of plants, which are designated endangered, threatened, and commercially exploited, are administered and maintained by the Florida Department of Agriculture and Consumer Services (DOACS) via Chapter 5B -40, F.A.C. This list of plants can be obtained at http: / /www.fl- dof.com/forest mans eg ment/plant conserve list.html. The federal agencies that share the authority to list species as Endangered and Threatened are the National Oceanic and Atmospheric Administration- National Marine Fisheries Service (NOAA -NMFS) and U. S. Fish and Wildlife Service (USFWS). The NOAA -NMFS is responsible for listing most marine species. The federal list of animals and plants is administered by the USFWS, and this list is published in 50 CFR 17 (animals) and 50 CFR 23 (plants). Additional information regarding federal listings can be located at the following websites; NOAA -NMFS - http: / /www.nmfs.noaa.izov and USFWS - http:// endangered .fws.gov /wildlife.httnl #S ep cies. Please note that while the FWC has published a consolidated list of state and federally listed species in the past, we now only publish a list of species listed within the state of Florida. This list will be maintained and available at our agency website: http: / /www.Lnyfwc.com. Lists of federally listed species can still be viewed at the USFWS and NOAA -NMFS websites mentioned above. It is our intent by providing the list in this manner that we will be able to maintain a current list that is more readily available to the public. • Common and scientific names listed first are as they appear in the Florida Administrative Code, Title 68A. Common and /or scientific names following this and located within parentheses () contain names as used by USFWS, or other commonly used names. Bradley J. Gruver, Ph. D Listed Species Coordinator Species Conservation Planning Section Division of Habitat and Species Conservation Florida Fish and Wildlife Conservation Commission Cover Photos by FWC Staff: Key Largo Woodrat, Burrowing Owls, Okaloosa Darter, Schaus' swallowtail butterfly, Short- tailed Snake. ii Packet Page -3547- 9/13/2011 Item 17.A. APPENDIX B NUMERICAL SUMMARY OF SPECIES LISTED BY THE STATE OF FLORIDA AS ENDANGERED, n THREATENED, OR SPECIES OF SPECIAL CONCERN STATUS DESIGNATION FISH AMPHIBIANS REPTILES BIRDS MAMMALS INVERTEBRATES TOTAL E 3 0 6 8 20 4 41 T 2 0 11 9 4 0 26 SSC 10 5 7 18 6 4 50 TOTAL 15 5 24 35 30 8 117 1 Packet Page -3548- 9/13/2011 Item 17.A. APPENDIX B OFFICIAL LISTS Common Name Scientific Name Status Packet Page -3549- FISH Atlantic sturgeon Gulf sturgeon) Acipenser oxyrinchus Aci enser oxyrinchus desotot SSC (1) shortnose sturgeon Aci enser brevirostrum E shoal bass Micro terus cataractae SSC 1,2 Suwannee bass Micro ' pterus notius SSC (1 rivulus (mangrove rivulus Rivuls marmoratus SSC (1) Lake Eustis pupfish Cyprinodon varie atus hubbsi SSC 1 blackmouth shiner Notro is melanostomus E bluenose shiner Pteronotro is welaka SSC 1,2 saltmarsh to minnow Fundulus 'enkinsi SSC 1 -key silverside Menidia conchorum T crystal darter Cr stallaria as rella T harlequin darter Etheostoma histrio SSC 1 okaloosa darter Etheostoma okalossae E Southern tessellated darter tessellated johnny darter Etheostoma olmstedi maculatice s SSC (1) key blenny Starksia starcki SSC 1 AMPHIBIANS flatwoods salamander Amb stoma cin ulatum SSC Georgia blind salamander Haideotriton wallacei SSC 1,2 _pine barrens treefrog H la andersonii SSC 1 Florida bog frog Rana okaloosae SSC 2 gopher frog Rana ca ito SSC 1,2 REPTILES American alligator Alligator mississippiensis SSC 1,3 American crocodile Crocod lus acutus E key ringneck snake Diado his punctatus acricus T Eastern indigo snake Dr marchon corais cou eri T red rat snake Elaphe guttata SSC' 1 Atlantic salt marsh water snake (Atlantic salt marsh snake Nerodia clarkii taeniata T Packet Page -3549- 9/13/2011 Item 17.A. Common Name Scientific Name ARP E N D I X B Packet Page -3550- Florida pine snake Pituophis melanoleucus mu itus SSC (2) short- tailed snake Stilosoma extenuatum T . Florida brown snake Storeria dekayi victa T1 rim rock crowned snake Tantilla oolitica T Florida ribbon snake Thamnophis sauritus sackeni T1 bluetail mole skink Eumeces egregius lividus T Florida Key mole skink Eumeces egregius egregius SSC 1 sand skink Neose s re noldsi T gopher tortoise Go herus polyphemus T Barbour's map turtle Gra tem s barbouri SSC 1,2 alligator snapping turtle Macroclem s temminckii SSC 1 striped mud turtle Kinosternon baurii E1 Suwannee tooter Pseudemys concinna suwanniensis SSC (1,2) loggerhead seaturtle (loggerhead sea turtle Caretta caretta T green seaturtle (green sea turtle) Chelonia mydas E leatherback seaturtle leatherback sea turtle Dermochelys coriacea E hawksbill seaturtle (hawksbill sea turtle Eretmochelys imbricata E Kemp's ridley seaturtle Kem 's ridley sea turtle Lepidochelys kempii E BIRDS piping lover Charadrius melodus T snowy plover Cuban snowy lover Charadrius alexandrinus T American oystercatcher Haemato us palliatus SSC 1,2 brown pelican Pelecanus occidentalis SSC 1 black skimmer Ryncho s ni er SSC 1 least tem Sterna antillarum T roseate tern Sterna dougalli Sterna dou allh dou allii) T lim kin . Aramus guarauna SSC 1 reddish egret Egr etta ru escens SSC 1,4 snowy egret Eoretta thula SSC 1 little blue heron Egretta caerulea SSC 1,4 tricolored heron I E retta tricolor SSC (1,4 Packet Page -3550- 9/13/2011 Item 17.A. Common Name Scientific Name AD OWUPENDIX B Packet Page -3551- white ibis Eudocimus albus SSC 2 Florida sandhill crane Grus canadensis ratensis T whooping crane Grus americana SSC 5 wood stork M cteria americana E roseate spoonbill Platalea a'a'a SSC 1,4 burrowing owl Florida burrowing owl Athene cunicularia Athene cunicularia oridana SSC (1) crested caracara Audubon's crested caracara Caracara cheriway Pol borus plancus audubonii T peregrine falcon Falcoperegrinus E Southeastern American kestrel Falco s arverius aulus T osprey Pandion haliaetus SSC2 (1,2) snail kite (Everglades snail kite Rostrhamus sociabilis plumbeus E Florida scrub jay A helocoma coerulescens T Cape Sable seaside sparrow Ammodramus maritimus mirabilis E Florida grasshopper sparrow Ammodramus savannarum oridanus E Scott's seaside sparrow Ammodramus maritimus eninsulae SSC (1) Wakulla seaside sparrow Ammodramus maritimus 'uncicolus SSC (1) white- crowned pigeon Columba leucoce hala T Kirtland's warbler Dendroica kirtlandii E Bachman's warbler Vermivora bachmanii E ivory-billed woodpecker Cam e hilus rind alis E red - cockaded woodpecker Picoides borealis SSC Marian's marsh wren Cistothorus palustris marianae SSC 1 Worthington's marsh wren Cistothorus palustris griseus SSC 1 MAMMALS Florida panther Puma concolor coryi (Puma =Felis concolor co i) E Florida black bear Ursus americanus floridanus T3 Everglades mink Mustela vison ever ladensis T key deer Odocoileus virginianus clavium E Packet Page -3551- 9/13/2011 Item 17.A. APPENDIX B Common Name Scientific Name Status n Packet Page -3552- Lower Keys marsh rabbit Sylvilaguspalustris hefneri E Big Cypress fox squirrel Sciurus ni er avicennia T Sherman's fox squirrel Sciurus ni er shermani SSC 1,2 Eastern chipmunk Tamias striatus SSC 1 Sanibel Island rice rat Oryzomyspalustris sanibeli SSC 1,2 silver rice rat rice rat, lower FL Keys) Oryzomys argentatus Or zom s palustris natator E Key Largo woodrat Neotoma oridana smalli E Key Largo Cotton Mouse Peromyscus gossypinus alla aticola E Choctawhatchee beach mouse Peromyscus polionotus allophrys E Southeastern beach mouse Peromyscus polionotus niveiventris T Anastasia Island beach mouse Peromyscus polionotus hasma E St. Andrews beach mouse Peromyscus polionotus eninsularis E Perdido Key beach mouse Peromyscus polionotus triss lle sis E Florida mouse Podom s oridanus SSC 1 Florida mastiff bat Eumo s glaucinus,floridanus E gray bat M otis grisescens E Indiana bat M otis sodalis E Florida saltmarsh vole Florida salt marsh vole Microtus pennsylvanicus dukecampbelli E Sherman's short- tailed shrew Blarina carolonensis [=brevicaudal shermani SSC (2) Homosassa shrew Sorex lon irostris eionis SSC 2 sei whale Balaeno tera borealis E fin whale finback whale Balaenoptera physalus E North Atlantic right whale (right whale) Eubalaena glacialis (Balaena glacialis [incl. australis E humpback whale Me a tera novaean liae E sperm whale Ph seter macroce halus E Florida manatee West Indian manatee Trichechus manatus latirostris Trichechus manatus E n Packet Page -3552- 9/13/2011 Item 17.A. Common Name Scientific Name AD P E N D I X B Packet Page -3553- INVERTEBRATES CORALS pillar coral Dendrogyra c lindrus E CRUSTACEANS Panama City crayfish econfina crayfish) Procambarus econfinae SSC (1) sims sink crayfish Santa Fe cave crayfish) Procambarus erythrops SSC (1) black creek crayfish Procambarus piclus SSC 1 INSECTS Miami blue butterfly Cyclargus [= Hermiargus] thomasi bethunebakeri E Schaus' swallowtail butterfly Heraclides aristodemus onceanus E MOLLUSKS Florida tree snail Li uus asciatus SSC 1 Stock Island tree snail Orthalicus reses Orthalicus yeses [not incl. nesodryas E Packet Page -3553- 9/13/2011 Item 17.A. APPENDIX B KEY TO ABBREVIATIONS AND NOTATIONS List Abbreviations FWC = Florida Fish and Wildlife Conservation Commission E = Endangered T = Threatened SSC = Species of Special Concern Reasons for SSC listings prior to January 1, 2001 are indicated by the number in parenthesis under the following criteria: (1) has a significant vulnerability to habitat modification, environmental alteration, human disturbance, or human exploitation which, in the foreseeable future, may result in its becoming a threatened species unless appropriate protective or management techniques are initiated or maintained; (2) may already meet certain criteria for designation as a threatened species but for which conclusive data are limited or lacking; (3) may occupy such an unusually vital or essential ecological niche that should it decline significantly in numbers or distribution other species would be adversely affected to a significant degree; (4) has not sufficiently recovered from past population depletion, and (5) occurs as a population either intentionally introduced or being experimentally managed to attain specific objectives, and the species of special concern prohibitions in Rule 68A- 27.002, F.A.C., shall not apply to species so designated, provided that the intentional killing, attempting to kill, possession or sale of such species is prohibited. List Notations 1 Lower keys population only. 2 Monroe County population only. 3 Other than those found in Baker and Columbia Counties or in Apalachicola National Forest. n 7 Packet Page -3554- Species Reports Environmental Conservation Online System 1; 9/13/2011 Item W.A. APPLNUix b. Species listed in Florida based on published population data Notes: • This report shows the species listed in this state according to the Federal Register listing description. • This list does not include experimental populations and similarity of appearance listings. • This list includes species or populations under the sole jurisdiction of the National Marine Fisheries Service. • Click on the highlighted scientific names below to view a Species Profile for each listing. Listed species (based on published population data) - -114 listings Animals — 59 listings Packet Page -3555- 9/13/2011 Item 17.A. APPLNUix b. L mouse, 5t. AnareW beacn (reromyscus porronotus penmsurarts) E Panther, Florida (Puma ( =Felis) concolor cor.X� E Pelican, brown except U.S. Atlantic coast, FL, AL (Pelecanus occidentalis) s i E Pigtoe, oval (Pleurobema p rif{r orme) T Plover, piping except Great Lakes watershed (Charaddus melodus) jE Pocketbook, shinyrayed (Lampsilis subangulatal j E Rabbit, Lower Keys marsh (Sv/vilagus palustris hefnerr) E Rice rat lower FL Keys (Oryzomvs palustris natator) T Salamander, frosted flatwoods (Ambystoma cingulatum) E Sawfish, smalltooth (Pristis pectinata) i T scrub -jay, Florida (Aphelocoma coerulescens) I 'E Sea turtle, green FL, Mexico nesting pops. (Chelonia mydas) `T Sea turtle, green except where endangered (Chelonia mydas) E Sea turtle, hawksbill (Eretmochelys imbricata) z E Sea turtle, Kemp's ridley (Lepidochelvs kempir) `E Sea turtle, leatherback (Dermochelys coriacea) T Sea turtle, loggerhead (Caretta caretta) E Seal, Caribbean monk (Monachus tropicalis) T Shrimp, Squirrel Chimney Cave (Palaemonetes cumming� T Skink, bluetail mole (Eumeces egregius lividus) `T Skink, sand (Neoseps reynoldsr) `T Slabshell, Chipola ("Y do chipolaensis) T Snail, Stock Island tree (Orthalicus reses (not incL nesodryas)) 'T Snake, Atlantic salt marsh (Nerodia clarkii taeniata) T Snake, eastern indigo (Drymarchon corals cougerr) 'E Sparrow, Cape Sable seaside (Ammodramus maritimus mirabi►is) !E Sparrow, Florida grasshopper (Ammodramus savannarum floridanus) !E Stork, wood AL, FL, GA, SC (Mvcteria americana) "T Sturgeon, gulf (Acipenser oayrinchus desotor) E Sturgeon, shortnose (Acipenser brevirostrum) T Tern, roseate Western Hemisphere except NE U.S. (Sterna dougallii dougallir) 1E Three - ridge, fat (mussel) (Amblema neislerfi E Vole, Florida salt marsh (Microtus pennsylvanicus dukecampbellr) E Whale, finback (Balaenoptera physalus) E Whale, humpback (Mega ptera novaeangliae) I E Whale, right (Balaena glacialis (incl. australis)) E Wolf, gray Lower 48 States, except where delisted and where EXPN. Mexico. (Canis lupus) E Woodpecker, red - cockaded (Picoides borealis) E Woodrat, Key Largo (Neotoma floridane small) Packet Page -3556- rRM01 Plants — 55 listings -- - - - -.- :Status Species /Listing Name 'E Aster, Florida golden (Cftsopsis f/oridana) E Beargrass, Britton's (Nolina brittonlana) E Beauty, Harper's (Harperocallis flava) Bellflower, Brooksville (Campanula robinsia e) T Birds -in -a -nest, white (Macbridea albs) E Blazingstar, scrub (Liatris ohlingerae) T Bonamia, Florida (Bonamia grandiflora) iT Buckwheat, scrub (& oaonum longifolium var. gnapha!!folium) T Butterwort, Godfrey's (Pinguicula ionantha) E Cactus, Key tree (Pilosocereus robinll) E Campion, fringed (Silene polypetala) E Chaffseed, American (Schwa/bea americans) E Cladonia, Florida perforate (Cladonia perforata) E Fringe -tree, pygmy (Chionanthus pygmaeus) T Gooseberry, Miccosukee (Rites echinellum) E Gourd, Okeechobee (Cucurbita okeechobeensis sgp okeechot E Harebells, Avon Park (Crotalaria avonens' E Hypericum, highlands scrub (Hyperlcum cumulicola) 'E Jacquemontia, beach (Jacquemontia reclinata) E Lead- plant, Crenulate (Amo pha crenulata) E Lupine, scrub (Lupinus aridorum) E Meadowrue, Cooley's (Thalictrum coolevr) E Milkpea, Small's (Galactia smalli►) E Mint, Garrett's (Dicerandra christmani►) E Mint, Lakela's (Dicerandra immaculata) 'E Mint, longspurred (Dicerandra cornutlssLma) E Mint, scrub (Dicerandra frutescens) E Mustard, Carter's (Warea carter►) E Pawpaw, beautiful (Deeringothamnus pulchellus) E Pawpaw, four -petal (Asimina tetramera) E Pawpaw, Rugel's (Deeringothamnus rugelll) T Pigeon wings (Clitoria fragrans) E Pinkroot, gentian (Spigella ggntianoides) E Plum, scrub (Prunus geniculata) E Polygala, Lewton's (Polygala lewtoni►) E Polygala, tiny (Polygala smalli►) E Pondberry (Cinders melissifolia) Packet Page -3557- 9/13/2011 Item 17.A. APFJtNUTA b. iT 'E "E i T T iE i E 'T IE E Prickly - apple, fragrant (Cereus eriophorus var. fraarans) Rhododendron, Chapman (Rhododendron chapmanii) Rosemary, Apalachicola (Conradina glabre) Rosemary, Etonia (Conradina etonia) Rosemary, short- leaved (Conradina brevifolia) Sandlace (Polygonella myriophylla) Seagrass, Johnson's (HaWhila johnsoni�) Skullcap, Florida (Scutellaria floridana) Snakeroot (Erynoium cuneifolium) Spurge, deltoid (Chamaesyce deltoidea ssp. deltoidea) Spurge, Garber's (Chamaesycegarben) Spurge, telephus (Euphorbia telephioides) Torreya, Florida ( Torreya taxifolia) Warea, wide -leaf ( Warea amplexifolia) Water - willow, Cooley's (Justicia coolevt) Whitlow -wort, papery (Paronychia chartacea} Wireweed (Polygonelia basiramia) Ziziphus, Florida ( Ziziphus celata) Last updated: May 14, 2009 ECOS Home I Contact Us Packet Page -3558- 9/13/2011 Item 17.A. APPtivuin t:5. PROTECTED SPECIES SURVEY FIELD SHEETS PROJECT: YAHL MULCHING COUNTY: COLLIER DATE: OBSERVER: TIME START: TIIME END: WIND: TEMP: RAIN: CLOUD COV: WATER: COMMENTS: 04.12.09 AM M. RAMSEY, M. HUSSION 0645 AM 0830 AM 0 -5 E 68 F NONE 10% DRY, DROUGHT CONDITIONS BIRDS COUNT RED SHOULDERED HAWK 3 BLUEJAY 1 CARDINAL 1 PILEATED WOODPECKER CAT BIRD GREAT EGRET CATTLE EGRET MOCKING BIRD 4 HAIRY WOODPECKER RED BELLIED WOODPECKER GRACKLE 2 MOURNING DOVE 2 VULTURE BLACK GROUND DOVE VULTURE TURKEY MALLARD DUCK MEADOW LARK MAMMALS COTTONTAIL RABBIT (Sylvilagus floridanus) RACCOON GRAY SQUIRREL 1 REPTILE BLACK RATE SNAKE Packet Page -3559- 9/13/2011 Item 17.A. APPENDIX C. 9/13/2011 Item 17.A. APPENDIX C. PROTECTED SPECIES SURVEY FIELD SHEETS PROJECT: YAHL MULCHING COUNTY: COLLIER DATE: 04.12.09 PM OBSERVER: M. RAMSEY, M. HUSSION TIME START: 1830 PM TIIME END: 2030 PM WIND: 5 -10 S TEMP: 80 F RAIN: NONE CLOUD COV: NONE % WATER: DRY, DROUGHT CONDITIONS COMMENTS: BIRDS COUNT RED SHOULDERED HAWK 1 BLUEJAY 1 CARDINAL 2 PILEATED WOODPECKER 1 CAT BIRD WHITE IBIS GREAT EGRET 2 MOCKING BIRD 3 HAIRY WOODPECKER 1 RED BELLIED WOODPECKER GRACKLE 2 MOURNING DOVE 6 VULTURE BLACK GROUND DOVE 2 VULTURE TURKEY 1 MALLARD DUCK MEADOW LARK MAMMALS COTTONTAIL RABBIT 1 (Sylvilagus floridanus) RACCOON GRAY SQUIRREL REPTILE BLACK RATE SNAKE 1 Packet Page -3560- PROTECTED SPECIES SURVEY FIELD SHEETS PROJECT: COUNTY: DATE: OBSERVER: TIME START: TIIME END: WIND: TEMP: RAIN: CLOUD COV: WATER: COMMENTS: YAHL MULCHING COLLIER 04.14.09 AM M. RAMSEY, M. HUSSION 0700 AM 0915 AM NONE 78 F 5 -10 SE NONE % DRY, DROUGHT CONDITIONS BIRDS COUNT RED SHOULDERED HAWK 1 BLUEJAY CARDINAL 2 PILEATED WOODPECKER CAT BIRD GREAT EGRET CATTLE EGRET 1 MOCKING BIRD 3 HAIRY WOODPECKER RED BELLIED WOODPECKER GRACKLE MOURNING DOVE 3 VULTURE BLACK 1 GROUND DOVE 1 VULTURE TURKEY MALLARD DUCK MEADOW LARK MAMMALS COTTONTAIL RABBIT (Sylvilagus floridanus) RACCOON GRAY SQUIRREL 1 REPTILE BLACK RATE SNAKE Packet Page -3561- 9/13/2011 Item 17.A. APPENDIX C. 9/13/2011 Item 17.A. APPENDIX C. PROTECTED SPECIES SURVEY FIELD SHEETS PROJECT: YAHL MULCHING COUNTY: COLLIER DATE: 04.14.09 PM OBSERVER: M. RAMSEY, M. HUSSION TIME START: 1815 PM TIIME END: 2015 PM WIND: 5 -10 NW TEMP: 75 F RAIN: NONE CLOUD COV: 10 -20 % WATER: DRY, DROUGHT CONDITIONS COMMENTS: BIRDS COUNT RED SHOULDERED HAWK BLUEJAY 2 CARDINAL PILEATED WOODPECKER 1 CAT BIRD GREAT EGRET CATTLE EGRET 3 MOCKING BIRD 2 HAIRY WOODPECKER RED BELLIED WOODPECKER GRACKLE 2 MOURNING DOVE VULTURE BLACK GROUND DOVE VULTURE TURKEY MALLARD DUCK MEADOW LARK MAMMALS COTTONTAIL RABBIT 1 (Sylvilagus floridanus) RACCOON GRAY SQUIRREL 1 REPTILE BLACK RATE SNAKE Packet Page -3562- PROTECTED SPECIES SURVEY FIELD SHEETS PROJECT: COUNTY. DATE: OBSERVER: TIME START: TIIME END: WIND: TEMP: RAIN: CLOUD COV: WATER: COMMENTS: YAHL MULCHING COLLIER 04.16.09 AM M. RAMSEY, M. HUSSION 0700 AM 0915 AM 0 -5 N 63 F NONE 10 -20 % DRY, DROUGHT CONDITIONS BIRDS COUNT RED SHOULDERED HAWK 1 BLUEJAY 2 CARDINAL 1 PLEATED WOODPECKER CAT BIRD 3 GREAT EGRET CATTLE EGRET 2 MOCKING BIRD 3 HAIRY WOODPECKER RED BELLIED WOODPECKER GRACKLE 3 MOURNING DOVE 6 VULTURE BLACK GROUND DOVE VULTURE TURKEY MALLARD DUCK 2 MEADOW LARK MAMMALS COTTONTAIL RABBIT (Sylvilagus floridanus) RACCOON 1 GRAY SQUIRREL REPTILE BLACK RATE SNAKE Packet Page -3563- 9/13/2011 Item 17.A. APPENDIX C. PROTECTED SPECIES SURVEY FIELD SHEETS PROJECT: COUNTY: DATE: OBSERVER: TIME START: TIIME END: WIND: TEMP: RAIN: CLOUD COV: WATER: COMMENTS: YAHL MULCHING COLLIER 04.16.09 PM M. RAM SEY, M. HUSSION 1815 PM 2000 PM 5 -10 W 75 F NONE 5 -10 % DRY, DROUGHT CONDITIONS BIRDS RED SHOULDERED HAWK BLUEJAY CARDINAL PILEATED WOODPECKER CAT BIRD GREAT EGRET CATTLE EGRET MOCKING BIRD HAIRY WOODPECKER RED BELLIED WOODPECKER GRACKLE MOURNING DOVE VULTURE BLACK GROUND DOVE VULTURE TURKEY MALLARD DUCK MEADOW LARK MAMMALS COTTONTAIL RABBIT (Sylvilagus floridanus) RACCOON GRAY SQUIRREL REPTILE BLACK RATE SNAKE COUNT 1 1 3 1 3 4 1 Packet Page -3564- 9/13/2011 Item 17.A. APPENDIX C. ID # AC FLUCFCS 122 F 3 323.226 0:5 111155122 TSTin le Family Residence 624/743im ineiCo pre3=alm/ 45 1.6 spoil piles 621 Cypress 6 7 :0 0.8 824 Pme /C r ss/Palm 2418146 I�ineZC pre s/Palm 7 1.1 impacted p roa clearing 624 Pine /Cypress/Palm. Conifer 98 10 40.3 3:4 442344 pHardword 624/742ine�if�r�yps/ress�alm impacted by borrow pit 11 2.4 xcavation 62 Cypress /Drained Road q2 13 0.5 0.7 gg1 5 Graded 81 5 Graded/Drained Road 0 TOTAL ACRES 28.8 PROJECT: YAHL MULCHING EXPANSION _ WASHBURN AVE. NAPLES FL Figure 4. FLUCFCS/ Vegetation Map; UPDATED 08.26.06 Yahl Mulchin Ex ansion Parcel, 2250 Washburn Ave., Sec. 31, Twng49, �ge 27, totaling approximately 28.8 acres. Packet Page -3565- 9/13/2011 Item 17.A. :Rrp 100 0 100 200 Feet L%"AAAV%, j ---I- Environmental Consulting 2631 4th St. NW Naples, FL 34120 239.564.1660 . 9/13/2011 Item 17.A. SOUTH FLORIDA WATER MANAGEMENT DISTRicr 3301 Gun Club Road, West Palm Beach, nwida 334M • (561) 686 -6600 • PL WATS 1- 800. 432.2045 TDD (561) 697 -2574 Mailing Addreee; P:A, Box 24680, West )Pain Beach, FL 3341E-4680 • wwws[wmd.gov CON 24 Permit No. 11 02649 -P Application No. Q30307 -5 .April 2, 2007 YAHL MULCHING AND RECYCLING INC (YAHL MtYLCHING) 2250 WASHBURN AVEN(mE SW NAPLES, FL 34117 Dear Permittee: Enclosed is your Permit as authorized by the Governing Board of the South Florida Water Management District at its meeting on March 15, 2007 Please note that there are pre - construction documentation requirements which must be met prior to commencement of any construction. Failure to comply with these requirements may result in formal enforcement action to force cessation of constructions activities pending permit compliance. Special. Conditions to your Permit require reports to be filed with this District. Please read these Conditions and use the enclosed form(s), as applicable, for your submittal of these required reports. Should you have any c.Euestions concerning these requirements, please feel free to contact this office. Sincerely, 41;.:, gr J, " U, " 10 Elizabeth Vequill_a Deputy Clerk Environmental Resource Regulation Department Enclosures -;oueRN1NV BOARD EXEcllniw OFFicE Kevin McCarty, Chair Alice J. Carlson Lennart E Lindahl, P.E. Carol Ann Wehle, Exccutive Director .. INDIA M. Bagud, Via -Clair Michael Collins Harkley R. Thornton mlya butt St wart NbUS J, Gutikrez,1r., Lsq. Malcolm S. Wade, )r. Packet Page -3566- 9/13/2011 Item 17.A. SOUTH FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE PERMIT NO. 11 -0264" DATE ISSUED: MARCH 15, 2007 ate, aia PERMITTEE: YAHL MULCHING AND RECYCLING INC (YAHL MULCHING) 2250 WASHBURN AVENUE SW, NAPLES, FL 34117 PROJECT DESCRIPTION: CONSTRUCTION AND OPERATION OF A SURFACE WATER MANAGEMENT SYSTEM TO SERVE 28.76 ACRES OF AN INDUSTRIAL DEVELOPMENT KNOWN AS YAHL MULCHING WITH DISCHARGE INTO THE HENDERSON CREEK VIA THE COLLIER BOULEVARD (CR 951) ROADSIDE SWALE. PROJECT LOCATION: COLLIER COUNTY, SECTION 31 TWP 495 RGE 27E PERMIT DURATION: See Special Condition No: 1. See attached Rule 40E- 4.321, Florida Administrative Code, This Permit Is Issued pursuant to Application No. 030307 -5 , dated March 5, 2003. Permittee agrees to hold and save the South Florida Water Management District and Its successors harmless from any and all damages, claims or liabilities which may arise by reason of the construction, operation, maintenance or use of activities authorized by this Permit. This Permit Is issued under the provisions of Chapter 373, Part IV Florlds Statutes (F.S.), and the Operating Agreement Concerning Regulation Under Part IV, Chapter 373 F.S., between South Florida Water Management District and the Department of Environmental Protection. Issuance of this Permit constitutes certification of compliance with state water quality standards where neccessary pursuant to Section 401, Public Law 92 -500, 33 USG Section 1341 , unless this Permit Is Issued pursuant to the net improvement provisions of Subsections 373.414(1)(b), F.S., or as otherwise stated herein. This Permit may be transferred pursuant to the appropriate provisions of Chapter 373, F.S, and Sections 40E- 1.8107(1) and (2), and 40E- 4.351(1), (2), and (4), Florida Administrative Code (F.A.C.). This Permit may be revoked, suspended, or modified at any time pursuant to the appropriate provisions of Chapter 373, F.S. and Sections 40E- 4,351(1), (2), and (4), F.A.C, This Permit shall be subject to the General Conditions set forth In Rule 40E- 4.381, F.A.C., unless waived or modified by the Governing ,—Board. The Application, and the Environmental Resource Permit Staff Review Summary of the Application, Including all conditions, and plans and specifications Incorporated by reference, are a part of this Permit. All activities authorized by this Permit shall be implemented set forth In the plans, specifications, and performance criteria as set forth and Incorporated in the Environmental Resource Permit -caff Review Summary. Within 30 days after completion of construction of the permitted activity, the Permittes shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual, pursuant to the appropriate provisions of Chapter 373, F.S. and Sections 40E -4.361 and 40E- 4.381, F.A.C. In the event the property Is sold or otherwise conveyed, the Permlttee will remain liable for compliance with thle Permit until transfer Is approved by the District pursuant to Rule 40E- 1.6107, F.A.C, SPECIAL AND GENERAL CONDITIONS ARE AS FOLLOWS; SEE PAGES 2 - 4 OF 7 (32 SPECIAL CONDITIONS), SEEPAGES 5 • 7 OF 9 (19 GENERAL CONDITIONS). SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD On nlldr& t5, goul Packet Page -3567- DEPUTY CLE• K PAGE 1 OF 7 9/13/2011 Item 17.A. PERMIT NO: 11- 02849 -P PAGE 2OF7 SPECIAL CONDITIONS 1. The construction phase of this permit shall expire on March 15, 2012, 2. Operation of the surface water management system shall be the responsibility of the permittess. Upon expiration of the lease, or assignment of lease to a third party, modification of the permit may be required to verify continued compliance with this condition. 3. Discharge Facilities: Structure: WCS-1 1 -.45' WIDE BROAD CRESTED weir with crest at elev.11,22' NGVD 29. 1 -.3' dla. CIRCULAR ORIFICE with invert at elev. 10.5' NGVD 29. Receiving body, Henderson Creek via Collier Blvd (CR 951) roadside swale Control elev :10.5 feet NGVD 20,/10.5 FEET NGVD 29 DRY SEASON. Structure: WCS -2 1 -.45' WIDE BROAD CRESTED weir with crest at elev. 11.22' NGVD 29. Receiving body: Henderson Creek via Collier Blvd (CR 951) roadside swale Control elev : 10.5 feet NGVD 29. /10.5 FEET NGVD 29 DRY SEASON. 4. The permittee shall be responsible for the correction of any erosion, shoaling or water quality problems that result from the construction or operation of the surface water management system. 5. Measures shall be taken during construction to insure that sedimentation and/or turbidity violations do not occur In the receiving water. 6. The District reserves the right to require that additional water quality treatment methods be incorporated Into the drainage system If such measures are shown to be necessary. 7. Lake side slopes shall be no steeper than 4:1 (horizontai:vertical) to a depth of two feet below the control elevation. Side slopes shall be nurtured or planted from 2 feet below to 1 foot above control elevation to insure vegetative growth, unless shown on the plans. 8. Facilities other than those stated herein shall not be constructed without an approved modification of thls permit. 9. A stable, permanent and accessible elevation reference shall be established on or within one hundred (100) feet of all permitted discharge structures no later than the submission of the certification report. The location of the elevation reference must be noted on or with the certification report. 10. The permittee shall provide routine maintenance of all of the components of the surface water management system In order to remove all trapped sediments /debris. All materials shall be properly disposed of as required by law. Failure to properly maintain the system may result In adverse flooding conditions. 11. This permit is issued based on the applicant's submitted information which reasonably demonstrates that adverse water resource related Impacts will not be caused by the completed permit activity. Should any adverse impacts caused by the completed surface water management system occur, the District will require the permittee to provide appropriate mitigation to the District or other Impacted party. The District will require the permittee to modify the surface water management system, if necessary, to eliminate the cause of the adverse Impacts. 12. Minimum building floor elevation: 12.3' NGVD. 13. Minimum road crown elevation: 11.85' NGVD. 14. Minimum parking lot elevation: 11.85' NGVD. 15. All commerolelAndustdal parcels shall provide a minimum dry pre - treatment volume of 1/2 Inch of runoff prior to discharge Into the master surface water management system. Packet Page -3568- 9/13/2011 Item 17.A. PERMIT NO: 11- 02649 -P PAGE 3 OF 7 16. All contractors must be provided with a copy of the staff report and permit conditions prior to the commencement of construction. The permittee is responsible for ensuring that all contractors adhere to the project construction details and methods Indicated on the attached permit Exhibits and described herein. 17. The permittee and all designated contractors shall adhere to all project and mitigation construction details and methodology Indicated on the enclosed permit Exhibits and described herein, 18. The proposed lake shall be constructed without dewatering as indicated in the application submittal. If it is later determined that dewatering Is required, a dewatering permit shall be submitted to the South Florida Water Management District for review and approval. 19. Prior to the commencement of construction, the permittee shall conduct a pre - construction meeting with field representatives, contractors and District staff. The purpose of the meeting will be to discuss construction methods and sequencing (including type and location of turbidity and erosion controls to be implemented during construction, mobilization and staging of contractor equipment, phasing of construction, methods of vegetation clearing, construction dewatering if required, wetland /buffer protection methods, endangered species protection, etc) with the permittee and contractors. The permittee shall contact District Environmental Resource Compliance staff from the mower West Coast Service Center at 239 -338 -2929 to schedule the pre - constructlon meeting, 20. Permanent physical markers designating the preserve status of the wetland preservation areas and buffer zones shall be placed as shown on engineering plan sheet 5 of 8. The markers shall be maintained In perpetuity. 21. Prior to the commencement of construction, the perimeter of the wetland mitigation area shall be staked/roped /fenced to prevent encroachment into the protected areas, Using Global Positioning System (GPS) technology, the perimeter of the preserve area(s) shall be identified for future reference. The data shall be differentially corrected and accurate to less than a meter ( +/- one meter or better), Electronic copies of the GPS data shall be provided to the District's Environmental Resource Compliance staff at the time of the pre - construction meeting, The permittee shall notify the District's Environmental Resource Compliance staff In writing upon completion of the staking /ropingMencing and schedule an inspection of this work. The staking /roping/fencing shall be subject to District staff approval. The permittee shall modify the staking /ropingffencing If District staff determines that It Is insufficient or is not In conformance with the Intent of this permit. The staking /roping /fencing shall remain In place until all adjacent construction activities are complete. 22. Endangered species, threatened species and /or species of special concern have been observed onslte and /or the project contains suitable habitat for these species. It shall be the permlttee's responsibility to coordinate with the Florida Fish and Wildlife Conservation Commission and /or the U.S. Fish and Wildlife Service for appropriate guidance, recommendations and/or necessary permits to avoid impacts to listed species. 23. Prior to the commencement of construction and in conformance with the work schedule In Exhibit 3.8, the permittee shall provide an original letter of credit in the amount of $43,878.00 to ensure the permittee's financlal ability and commitment to complete the proposed mitigation, monitoring and maintenance plan as shown on Exhibits 3.2 -3.4. The letter of credit shall utilize the form attached as Exhibit No. 3.5. The letter of credit shall remain in effect for the entire period of the mitigation and monitoring program. Notification of the District by the financial institution that the letter of credlt/bond will not be renewed or is no longer In effect shall constitute non - compliance with the permit. 24. Prior to the commencement of construction and In accordance with the work schedule in Exhibit No. 3.8, the permittee shall submit two cerllfied copies of the recorded conservation easement for the mitigation area and associated buffers. The data shall be supplied in a digital ESRI Geodatabase (mdb), ESRI Shapefile (shp) or AutoCAD Drawing Interchange (dxf) file format using Florida State Plane coordinate system, East Zone (3601), Datum NAD83, NARN with the map units In feet. This data shall be submitted as a paper map depicting the Conservation Easement over the best available satellite or aerial Imagery. This data shall also reside on a CD or floppy disk and be submitted to the District's Environmental Resource Compliance Division In the service area office where the application was submitted. The recorded easement shall utilize the form attached as Exhibit 3.7. Any proposed modifications to the approved form Packet Page -3569- 9/13/2011 Item 17.A. PERMIT NO; 11- 02849 -P n PAGE 4 OF 7 must receive prior written consent from the District. The easement must be free of encumbrances or Interests in the easement which the District determines are contrary to the intent of the easement. In the event it Is later determined that there are encumbrances or Interests In the easement which the District determines are contrary to the Intent of the easement, the permittee shall be required to provide release or subordination of such encumbrances or interests. 25. Prior to commencement of construction In wetlands and In accordance with the work schedule In Exhibit No. 3.8, the permlttee shall submit documentation from the Big Cypress Mitigation Hank that 3.32 freshwater forested credits have been deducted from the ledger. 26. A mitigation pnagram for Yoh[ Mulching shall be Implemented in accordance with Exhibit Numbers 3.2 -3.8. The permittee preserve and enhance 11.49 acres of forested wetlands onsite and restore 0.24 acres of forested wetlands onsite for a total mitigation area onsite of 11.73 acres. Offsite mitigation requirements are addressed in Special Condition 26 above. 27. The District reserves the right to require remedial measures to be taken by the permittes if monitoring or other information demonstrates that adverse Impacts to onsite or offshe wetlands, upland conservation areas or buffers, or other surface waters have occurred due to project related activities. 28. A monitoring program shall be implemented in accordance with Exhibit No. 3.4. The monitoring program shall extend for a period of 5 years with annual reports submitted to District staff. At the and of the first monitoring period the mitigation area shall contain an 80% survival of planted vegetation. The Bo% survival rate shall be maintained throughout the remainder of the monitoring program, with replanting as necessary. If native wetland species do not achieve an 80% coverage within the initial two years of the monitoring program, native species shall be planted in accordance with the maintenance program. At the end of the 5 year monitoring program the entire mitigation area shall contain an 80% survival of planted vegetation and an 80% coverage of desirable obligate and facultative wetland species. �. A maintenance program shall be Implemented In accordance with Exhibit No. 3.3 and 3.4, for the wetland mitigation area on a regular basis to ensure the integrity and viability of the area as permitted. Maintenance shall be conducted In perpetuity to ensure that the conservation areas are maintained free from Category 1 exotic vegetation (as defined by the Florida Exotic Pest Plant Council at the time of permit issuance) immediately following a maintenance activity. Maintenance in perpetuity shall also Insure that conservation areas, Including buffers, maintain the species and coverage of native, desirable vegetation specified in the permit. Coverage of exotic and nuisance plant species shall not exceed 5% of total cover between maintenance activities. In addition, the permittee shall manage the conservation areas such that exotic /nuisance plant species do not dominate any one section of those areas. 30. Activities associated with the implementation of the mitigation, monitoring and maintenance plan(s) shall be completed in accordance with the work schedule attached as Exhibit No, 3.8. Any deviation from these time frames will require prior approval from the District's Environmental Resource Compliance staff. Such requests must be made in writing end shall Include (1) reason for the change, (2) proposed start/finish and /or completion dates; and (3) progress report on the status of the project development or mitigation effort. 31. The Permlttes shall utilize the criteria contained in the Construction Pollution Prevention Plan (Exhibit Nos. 4.0 -4.9) and on the applicable approved construction drawings for the duration of the projects construction activities and these Exhibits will be retained In this permit file. 32. The Permittee shall utilize the criteria contained In the Urban Stormwater Management Program (Exhibit Nos. 5.0 -5.4) for post construction activities and these Exhibits will be retained in this permit file. Packet Page -3570- 9/13/2011 Item 17.A. PERMIT NO: 1102649 -P PAGE 5 OF 7 GENERA. CONDITIONS 1. All activities authorized by this permit shall be Implemented as set forth In the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit and Dart IV, Chapter 373. F.S. 2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. 3. Activities approved by this permit shall be conducted In a manner which does not cause violations of State water quality standards. The permittee shall implement best management practices for erosion and pollution control to prevent violation of State water quallty standards. Temporary erosion control shall be implemented prior to and during construction, and permanent control measures shall be completed within 7 days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. All practices shall be In accordance with the guidelines and specifications described in Chapter 6 of the Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of Environmental Regulation, 1988), incorporated by reference in Rule 40E- 4,091, F.A.C. unless a project - specific erosion and sediment control plan is approved as part of the permit. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. /�. 4. The permittee shall notify the District of the anticipated construction start date within 30 days of the date that this permit is issued. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District an Environmental Resource Permit Construction Commencement Notice Form Number 0960 indicating the actual start date and the expected construction completion date. S. When the duration of construction will exceed one year, the permittee shall submit construction status reports to the District on an annual basis utilizing an annual status report form, Status report forms shall be submitted the following June of each year. 6. Within 30 days after completion of construction of the permitted activity, the permitee shall submit a written statement of completion and certification by a professional engineer or other Individual authorized by law, utilizing the supplied Environmental Resource/Surface Water Management Permit Construction Completion / Certifcation Form Number 0881A, or Environmental ResourcelSurface Water Management Permit Construction Completion Certification - For Projects Permitted prior to October 3, 1995 Form No. 0881 B, incorporated by reference in Rule 4012- 1.659, F.A.C. The statement of completion and certification shell be based on onsite observation of construction or review of as -built drawings for the purpose of determining if the work was completed In compliance with permitted plans and specifications. This submittal shall serve to notify the District that the system Is ready for Inspection. Additionally, if deviation from the approved drawings are discovered during the certification process, the certification must be accompanied by a copy of the approved permit drawings with deviations noted. Both the original and revised specifications must be clearly shown, The plans must be clearly labeled as "as- built" or "record" drawings. All surveyed dimensions and elevations shall be certified by a registered surveyor. 7. The operation phase of this permit shall not become effective; until the permittee has complied with the requirements of condition (0) above, and submitted a request for conversion of Environmental Resource Permit from Construction }phase to Operation Phase, Form No. 0920; the District determines the system to be In compliance with the permitted plans and specifications; and the entity approved by the District in accordance with Sections 9,0 and 10.0 of the Basis of Review for Environmental Resource Kermit Applications within the South Florida Water Management District, accepts responsibility for operation and maintenance of the system. The permit shall not be transferred to such approved operation and maintenance entity until the operation phase of the permit becomes effective. Following inspection and n approval of the permitted system by the District, the permittea shall initiate transfer of the permit to the approved Packet Page -3571- 9/13/2011 Item 17.A. PERMIT NO: 11- 02649 -P PAGE6OF7 responsible operating entity if different from the permittee. Until the permit is transferred pursuant to Section 40E- 1.6107, F.A.C., the permittee shall be liable for compliance with the terms of the permit. S. Each phase or independent portion of the permitted system must be completed In accordance with the permitted plans and permit conditions prior to the Initiation of the permitted use of sits Infrastructure located within the area served by that portion or phase of the system. Each phase or Independent portion of the system must be completed in accordance with the permitted plans and permlt conditions prior to transfer of responsibility for operation and maintenance of the phase or portion of the system to a local government or other responsible entity. 9. For those systems that will be operated or maintained by an entity that will require an easement or deed restriction In order to enable that entity to operate or maintain the system in conformance with this permit, such easement or deed restriction must be recorded in the public records and submitted to the District along with any other final operation and maintenance documents required by Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit applications within the South Florida Water Management District, prior to lot or units sales or prior to the completion of the system, whichever comes first. Other documents concerning the establishment and authority of the operating entity must be filed with the Secretary of State, county or municipal entitles. Final operation and maintenance documents must be received by the District when maintenance and operation of the system is accepted by the local government entity. Failure to submit the appropriate final documents will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system and any other permit conditions. 10. Should any other regulatory agency require changes to the permitted system, the permittee shall notify the District In writing of the changes prior to implementation so that a determination can be made whether a permit modification is required. 11. This permlt does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right, or any Interest In real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified In the permlt and Chapter 40124 or Chapter 40E -40, F.A,C., 12, The permittee Is hereby advised that Section 253.77, F.S. states that a person may not commence any excavation, construction, or other activity Involving the use of sovereign or other lands of the State, the title to which is vested In the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the permittee Is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing aotivity on sovereignty lands or other state -owned lands. 13. The permittee must obtain a Water Use permit prior to construction dewatering, unless the work qualities for a general permit pursuant to Subsection 40E- 20.302(3), F.A.C., also known as the "No Notice" Rule. 14. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the permit. 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, Including plans or other supporting documentation, shall not be considered binding, unless a specific condition of this permit or a formal determination under Section 373.421(2), F.S., provides otherwise. 16. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of a permitted system or the real property on which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of Rules 40E- 1.6106 and 40E- 1.6107, F.A.C.. The permittee transferring the permit shall remain liable for corrective actions that may be required as a result of any violations prior to the sale, conveyance or other transfer of the system. 17. Upon reasonable notice to the permittee, District authorized staff with proper Identification shall have permission to enter, Inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. Packet Page -3572- n 9/13/2011 Item 17.A. PERMIT NO: 11- 42648 -P PAGE 7 OF 7 18. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall Immediately notify the appropriate District service center. 19. The permlttee shall Immediately notify the District in writing of any previously submitted information that is later discovered to be inscourate, Packet Page -3573- 9/13/2011 Item 17.A. ENVIRONMENTAL RESOURCS P13RMITS CHAIrrRR 40E-4 (01107) 40E -4.321 Duration of Permits. (1) Unless revoked or otherwise modified the duration of an environmental resource permit issued under this chapter or Chapter 409 -40, F.A.C., is as follows: (a) For a conceptual approval, two years from the date of issuance or the date specified as a condition of the permit, unless within that period an application for an individual or standard general permit is filed for any portion of the project. If an application for an environmental resource permit is filed, then the conceptual approval remains valid until final action is taken on the environmental resource permit application. If the application is granted, than the conceptual approval is valid for an additional two years from the date of issuance of the permit. Conceptual approvals which have no individual or standard general environmental resource permit applications filed for a period of two years shall expire automatically at the end of the two year period. (b) For a conceptual approval filed concurrently with a development of regional impact (DRI) application for development approval (ADA) and a local government comprehensive plan amendment, the duration of the conceptual approval shall be two years fi'om whichever one of the following occurs at the latest date: 1. The effective date of the local government's comprehensive plan amendment, 2. The effective date of the local government development order, 3. The date on which the District issues the conceptual approval, or 4. The date on which the District issues a final order pertaining to the resolution of any Section 120.57, F.S., administrative proceeding or other legal appeals. (c) For an individual or standard general environmental resource permit, the construction phase authorizing construction, removal, alteration or abandonment of a sys -tern shall expire five years from the date of issuance or such amount of time as made a condition of the permit. (d) For an individual or standard general environmental resource permit, the operational phase of the permit is perpetual for operation and maintenance. (e) For a noticed general permit issued pursuant to Chapter 40E -400, F.A.C., five years from the date the notice of intent to use the permit is provided to the District. (2)(a) Unless prescribed by special permit condition, permits expire automatically according to the timeframes indicated in this rule. If application for extension is made by electronic mail at the District's e- Permitting website or in writing pursuant to subsection (3), the permit shall remain in full force and effect until: 1- The Governing Board takes action on an application for extension of an individual permit, or 2. Staff takes action on an application for extension of a standard general permit. (b) Installation of the project outfall structure shall not constitute a vesting of the permit. (3) The permit extension shall be issued provided that a perm,ittee files a written request with the District showing good cause prior to the expiration of the permit. For the purpose of this rule, good cause shall mean a set of extenuating circumstances outside of the control of the permittee. Requests for extensions, which shall include documentation of the extenuating circumstances and how they have delayed this project, will not be accepted more than 180 days prior to the expiration date. (4) Substantial modifications to Conceptual Approvals will extend the duration of the Conceptual Approval for two years from the date of issuance of the modification. For the purposes of this section, the terns "substantial modification" shall mean a modification which is reasonably expected to lead to substantially different water resource or environ- mental hupacts which require a detailed review. (5) Substantial modifications to individual or standard general environmental resource permits issued pursuant to a permit application extend the duration of the permit for three years from the date of issuance of the modification. individual or standard general environmental resource permit modifications do not extend the duration of a conceptual approval. (6) Permit modifications Issued pursuant to paragraph 40E- 4.331(2)(b), F.A.C.(letter modifications) do not extend the duration of the permit (7) Failure to complete construction or alteration of the surface water management system and obtain operation phase approval from the District within the permit duration shall require a new permit authorization in order to continue construction unless a permit extension is granted. Specific Authority 373.044, 373.113, 668.003, 668.004, 668.50 FS. Law t nplemented373.413, 373.416, 373.419, 373.426, 668.003, 668.004, 668.50 FS History-New 9- 3- 61,Amended 1- 31 -82, 12 -1 -82, Formerly 16K- 4.07(4), Amended 7 -1 -86, 4- 20 -94, 10- 3- 95,5- 28 -00, 10.1 -06, Packet Page -3574- 9/13/2011 Item 17.A. SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road, West Palm Beach, Florida 33406 - (561) 686.8800 , FL WATS 1.600- 432.2045 + TDD (561) 697.2574 Mailing Address: R.Q. Box 24680, West Palm Beach, FL 33416 -4680 - wwwsiwmd.gov CON 24 - 06 Environmental Resource Regulation Department POST - CONSTRUCTION REQUIREMENTS For projects remaining under single ownership CONSTRUCTION COMPLETION / CONSTRUCTION CERTIFICATION (Form No. 0881) * For Environmental Resource / Surface Water Management Permits * Submit within 30 days of construction completion * A Florida registered professional engineer must certify that all surface water management system facilities are constructed in substantial conformance with plans and specifications approved by the District * Required by Sections 373.117 and 373,419, Fla, Stat. * If another certification form is used by the engineer, it must address all components of the surface water management system * Statement that all permit conditions are satisfied (Rev 6/02) Z)aVERN1NG BOAlm EXECUTIVE 0FF7r.E Nicoliis J. Gutikrrm Jr., Esq., Glair Michael Collins Kevin McCarty i amela Brooks- Thomas, vice- Cioair Hugh M. English Henry Dean, Executive Director Harklev R. Thornton kela M. Bagufi Lennart $. > indahl, . Packet Page -3575- isms, P.E. 9/13/2011 Item 17.A. A South Florida Water Management District ENVIRONMENTAL RESOURCE / SURFACE WATER MANAGEMENT PERMIT SURFACE WATER MANAGEMENT SYSTEM CONSTRUCTION COMPLETION CERTIFICATION FORM 0881A 0912003 ENVIRONMENTAL RESOURCE COMPLIANCE DIVISION PERMIT NO. APPLICATION NO(s). PROJECT NAME: PHASE: The subject surface water management system has been designed, constructed and completed as follows (check all that apply): DISCHARGE STRUCTURE(S) Please provide the requested information for all permitted discharge structures. Attach additional sheets if needed. Structure Identification Number: ❑ weir: width crest ❑ Bleeder: type dimensions invert (3 Additional discharge structure information attached, RETENTION /DETENTION AREA(S): Please provide the requested information for all permitted retention /detention areas. Attach additional sheets If needed. Retention /Detention Area Identification Number: Size (acres) Side Slope (h:v) ❑ Additional retention /detention area Information attached. ❑ EXFILTRATION TRENCH — Confirmatlon of cross - section with pipe size and Invert, trench width, height and length is provided on the attached. ❑ CONVEYANCE SYSTEM ONLY - The components of the permitted surface water management consist of inlets, pipes or other form of conveyance system. Confirmation of ditches, canals, and /or swales with cross - sections, pipe diameters, inverts, and lengths is provided on the attached. Please Indicate the location of the benchmark(s) used to determine the above information on the record drawings (40E- 4.381(1)(f), l;.A C. Code), All elevations should be according to Natfonal Geodetic Vertical Datum (NGVD). I HEREBY NOTIFY THE DISTRICT OF THE COMPLETION OF CONSTRUCTION OF ALL THE COMPONENTS OF THE SURFACE WATER MANAGEMENT FACILITIES FOR THE ABOVE REFERENCED PROJECT AND CERTIFY THAT THEY HAVE BEEN CONSTRUCTED IN SUBSTANTIAL CONFORMANCE WITH THI: PLANS AND SPECIFICATIONS PERMITTED BY THE DISTRICT. [A COPY OF THE APPROVED PERMIT DRAWINGS IS ATTACHED WITH DEVIATIONS NOTED, IF APPLICABLE.] Engineer's Signature, Seal and Date: Please Print or Type: Engineer's Name Company Name Address n Authorization No, of Engineering Business (if applicable): Telephone Number E -mail Packet Page -3576- 9/13/2011 Item 17.A. SOUTH FLORIDA WATER MANAGEMENT DISTRICT IV 3301 Gun Club Road, West Palm Beach. Florida 334G6 • (961) 686 -8800 • FL WATS 1- 800.432 -2045 • 7DD (561) 647.2574 Mailing Address. P.O. Box 34680, West Palm Beach, FL 33416 -9680 • wwwsfwmd.gov CON 24.08 Environmental Resource Regulation Department • Permit conditions require these forms to be completed and submitted to District staff within specified time frames, • These forms are•provided to the PERMITTLE ONLY, as the entity responsible to satisfy permit condition$, and not his or her agent. , CONSTRUCTION COMMENCEMENT NOTICE (Form No. 0060) e For Environmental Resource / Surface Water Management Permits + Submit within'30 days of permit issuance. • If dates are not known, notify the District in writing to avoid post - permit compliance action; submit form once dates are determined,. Be sure to -reference both the application number and permit number on any correspondence, ANNUAL STATUS REPORT FOR SURFACE WATER MANAGEMENT SYSTEM (f=orm No. 0881) * For Environmental Resource / Surface Water Management Permits • Submit yearly from the date of construction commencement if construction exceeds one (1) year, (Rev 6 /02) UUMNING 60W Nicolis Gutit"e XECUME OFFICE 1� r. Jr. 1r„ I:sq., C1wlr Michael Collins Kevltt McCarty IPiowle Smoke- Thamas, vice chair Hugh M, En t Fiertry Dear, E:rcatiw Dtmetor !la _ _ Havkley R. T iamton Hams, Packet Packet Page -3577- 9/13/2011 Item 17.A. Projects In the following counties should respond to the corresponding SFWMD Service Center: Broward, Highlands, Miami -Dade, Martin, Monroe, Okeechobee, Palm Beach, and St. Lucie Counties: Please respond to the West Palm Beach Service Center. SFWMD Environmental Resource Compliance Division MSC 4230 P.Q. Box 24680 West Palm Beach, FL 33416 -4680 (561) 686 -8800; (800) 432 -2045 Charlotte, Collier, Glades, Hendry, and Lee Counties: Please respond to the Ft. Myers Service Center. SFWMD Environmental Resource Compliance Division MSC 4720 2301 McGregor Blvd. Ft. Myers, FL 33901 (941) 336 -2929; (800) 248 -1201 Orange, Osceola, and Polk Counties: Please respond to the Orlando Service Center. SFWMD Environmental Resource Compliance Division MSC 4710 1707 Orlando Central Parkway, Suite 200 Orlando, FL. 32809 (407) 858.6100; (800) 2504250 (Rev 6/02) r-111 Packet Page -3578- 9/13/2011 Item 17.A. Environmental Resource /Surface Water Management Permit Construction COmmencement Notice FORM 0960 08/95 SOUTH FLORIDA WATER MANAGEMENT DIS'T'RICT Field Engineering Division PROJECT NAM: PHASE: 1 hereby notify the South Florida -Water Management: District Field Engineering Division that cmutructioe of the su'face water mansgemerit system, authorized by Envumtmental Resource/Surface Watar Msnagornent Permit No.. under Application No. has commenced/is expected to commence ova 199 end will require a duration of apprvxiautcly Wads -- /days to complete. Should the construction term extend beyond one year; I will submit Form No, 0961; &viionmentsl .ResouiWSuifhce Water Management Permit Annual Status Report far, Surface . Water Management System Const=tion, to the . District. PLEASE 00 dioWd be so =WW fa NOTE: if ft Amw consftuction milleme data is not Irno.%%j Diwkt • This a►tit dwmiortte tha ae�GSaitvy of p�'�mit can nii lion of the, Fa=at cco"on. PerrAittm's or Authorized Agent's Signature Phone Packet Page -3579- Title Ed Company Date rf.+ursw VIA 1_f:ri RnantRL ®, Tsai 9/13/2011 Item 17.A. Environmental .Resource/Surface Water Management Perm Annual Status Report for Surface Water Management, System Construction ro oft (AegoWd wioamr sewifeietles 44rafta e: ds one (I) year) 0�I9S SOUTH FLORIDA WATER MANAGEMENT DISTRICT Field Enginaering Division PERMIT Nth. APPLICATION NO. nrnar�r� �♦+n�,r�r,r�,�,,,�� ,PERMIT NAME: PHASE: i •��MI•I�..�.. INn�.�•.`• wrl" ' 11 • • 1 • j . •� ♦ i Benchmark nescription- (one per major control structure): i?itoh(es�S wile {s)_♦,�, Extiltr. Trench_ Iffy► A.r"($). Bering) ' Print Name Permittee's or Authorized Agent's Signature Packet Page -3580- Phone Title and Company Date SOUTH FLORIDA WATER NUN,A.GEMENT DISTRICT 9/13/2011 Item 17.A. Lawrlt WEST COAST REGIONAL S>MYICE C ENYLIt ?30'1 h'tcC:rc�ot Bnui�varc{, I prt Mpc +e•, [ L 33�R ?'1 (2-19) 3IR_2929 - PL INATS 1 WO- 248-'1201 - Sunctu 748 -2c7?9 - Pax (239) 33$•2936 CON 24-06 Application No.: 061108 -4 General Permit No.: 11-02649.;.W April 9, 2007 YAHL MULCHING INC FILLMORE LLC 2250 WASHBURN AVE NAPLES, PL, 34117 Dear-Permittee: SUBJECT: General Water Use Permit No.: 11- 021849 -W Project: YAHL MULCHING Location: COLLIER COUNTY, S31fr49S /R27P Permittee: YAHL MULCHING INC FILLMORE LLC This letter is to notify you of the District's agency action concerning your Notice of Intent to Use Water. /,—\ This action is taken pursuant to Chapter 4DE-20, Florida Administrative Code (P',A,C,), Based on the information provided, District rules have been adhered to and a General Water Use Permit is In effect for this project subject to: 1. Not receiving a filed request for Chapter 120, riorlda Statutes, administrative hearing and 2. The attached Limiting Conditions. The purpose of this application is to obtain a Water Use Permit for industrial water supply, public water supply, and landscape irrigation of 2.35 acres of turf using a sprinkler irrigation system. Withdrawals are from the Water Table Aquifer via two existing withdrawal facilities. �1 ' R.-Vo4 , Bml lv) rill N•G-C'.11-1). Lhair Alive f. r,:nrl +a„ — _ i.cnnari F, I,indahl, P,1:,- C -11'01 Ann Wuhk+, etrldr,r7)inrG r lrrl.1 K.1. 11,1g �, Vite -chair f:. � A71C1tarl L,'ohinr 1 ial'I.Ic +�• IL 'I'l,urnlan MirA I)urt- Slrkv.irt NitoLiK),Gki ii•rrc'z, )I -,, ['sq. IN 1dliolmS.l'1iuk!,)1'. f.)Iti'1'R![a !f!',1! >tjt[,ik11:ltti; 3301 Gun Club Ruati. l',Ll. &I. %! Milt, w-4 1+,.1 ". i:.._..,, e, ",•,.:,, 6SO , (561) fiM-,N$0() - FI. b4'K11, 1 -800- .1374114.9 Packet Page -3581- Application Number: 061108 -4 YAHL MULCHING INC FILLMORE LLC April 9, 2007 Page 2 Date Of Issuance: April 9, 2007 Expiration bate: June 1, 2.027 Water Use Classification: landscape Industrial Public Water Supply Total Serviced Acreage: 2.35 ( 2.35 acres of turf ) Water Use Permit Status: Existing /Unpannitted Environmental Resource Permit Status: Modification To Permit 11- 02649 -P, Proposed Concurrently With Application No. 030307 -5. Right Of Way Permit Status: Not Applicable, Ground Water From: Water Table Aquifer Permitted Allocation(s): Annual Allocation: 23,458,300 Gallons Maximum Monthly Allocation: 404,800 Gallons Existing Withdrawal Facilities - Ground Water Source: Water Table Aquifer 1 - 4" X 50'X 75 GPM Well Cased To 40 Feet 1 - 4" X 50' X 20 GPM Well Cased To 40 Feet Rated Capacity Sources) Water Table Aquifer Totals: Status Code GPM E 95 95 Packet Page -3582- 9/13/2011 Item 17.A. MGD MGM MCY 0.14 4.2 50 0.14 4.2 50 n n Application Number: 061108 -4 YAHL MULCHING INC FILI,MORE LLC April 9, 2007 Rage 3 9/13/2011 Item 17.A. Should you object to the Limiting Conditions, please refer to the attached Notice of Rights which addresses the procedures to be followed if you desire a public hearing or other review of the proposed agency action. Please contact this office If you have questions concerning this matter. If we do not hear from you prior to the time frame specified in the Notice of Rights, we will assume that you concur with the District's recommendations. Certificate Of Service I HEREBY CERTIFY that a Notice of Rights has been mailed to the addressee not later than 5:00 p.m. this 9th day of April, 2007, In accordance with Section 120.80(3), Florida Statutes. Sincerely, Terry O. Bengtsson P.G. Senior Supervising Hydroge ogist Water Use Regulation Division TOS /kg Certified Mail No.; 7005 1160 0001 6704 5687 Enclosure c: Audubon of Florida Collier County Compliance Services Div of Rscreatlon and Park - District 4 Engineer, City of Naples Florida Fish & Wildlife Conservation Commission S.W.F.R.P.C. Water Resource Solutions Yahl Mulching And Recycling Inc Packet Page -3583- 9/13/2011 item 17.A. Application Number: 061108 -4 YAHL MULCHING ING PILLMORE LLG April 9, 2007 Page 4 Limiting Conditions 1. This permit shall expire on June 1, 2027. 2. Application for a permit modification may be made at any time. 3. Water use classification: Landscape Irrigation Industrial water supply Public water supply 4. Source classification is: Ground Water from: Water Table Aquifer S. Total annual allocation Is 23.4583 MG. Total maximum monthly allocation is .4048 MG. These allocations represent the amount of water required to meet the water demands as a result of rainfall deficit during a drought with the probability of recurring one year in ten. The Permittee shall not exceed these allocations in hydrologic conditions less than a 1 in 10 year drought event. If the rainfall deficit is more severe than that expected to recur once every ten years, the withdrawals shall not exceed that amount necessary to continue to meet the reasonable - beneficial demands under such conditions, provided no harm to the water resources occur and: (a) All other conditions of the permit are met; and (b) The withdrawal is otherwise consistent with applicable declared Water Shortage Orders in effect pursuant to Chapter 40E -21, F.A.C. Packet Page -3584- 110,11.1 Application Number: 061108 -4 YAHL MULCHING ING FILLM4RE LLC April 9, 2007 Page 5 Limiting Conditions 9/13/2011 Item 17.A. S. Pursuant to Rule 40E- 1.6105, F.A.C., Notification of Transfer of Interest in Real Property, within 30 days of any transfer of interest or control of the real property at which any permitted facility, system, consumptive use, or activity is located, the permittee must notify the District, in writing, of the transfer giving the name and address of the new owner or person In control and providing a cagy of the Instrument effectuating the transfer, as set forth in Rule 40E- 1.8107, F.A.C. Pursuant to Rule 40E- 1.8107 (4), until transfer is approved by the District, the permittee shall be liable for compliance with the permit. The permittee transferring the permit shall remain liable for all actions that are required as well as all violations of the permit which occurred prior to the transfer of the permit. Failure to comply with this or any other condition of this permit constitutes a violation and pursuant to Rule 40E-- 1.609, Suspension, Revocation and Modification of permits, the District may suspend or revoke the permit, This Permit is issued to: Fillmore LLC 2250 Washburn Ave Naples, FL 34117 (239) 352 -7888 "1-,%, 7. Withdrawal Facilities: Ground Water - Existing: 1 - 4" X 50'X 20 GPM Well Cased To 40 Feet 1 - 4" X 50'X 75 GPM Well Cased To 40 Feet 8. Permittee shall mitigate interference with existing legal uses that was caused in whole or In part by the permittee's withdrawals, consistent with the approved mitigation plan. As necessary to offset the interference, mitigation will include pumpage reduction, replacement of the impacted individual's equipment, relocation of wells, change In withdrawal source, or other means. Interference to an existing legal use is defined as an Impact that occurs under hydrologic conditions equal to or less severe than a 1 in 10 year drought event that results in the: (1) Inability to withdraw water consistent with provisions of the permit, such as when remedial structural or operational actions not materially authorized by existing permits must be taken to address the interference; or (2) Change in the quality of water pursuant to primary State Drinking Water Standards to the extent that the water can no longer be used for its authorized purpose, or such change is imminent. Packet Page -3585- Applioation Number: 061108 --4 YAHL MULCHING INC PIL.LMORE L.LC APril 9, 9007 Page 6 Limiting Conditions 9/13/2011 Item 17.A. 9. Permittee shall mitigate harm to existing off —site land uses caused by the permittee's withdrawals, as determined through reference to the conditions for permit Issuance. When harm occurs, or is imminent, the District will require the permlttee to modify withdrawal rates or mitigate the harm. Harm caused by withdrawals, as determined through reference to the conditions for permit issuance, Includes: (1) Significant reduction In water levels on the property to the extent that the designed function of the water body and related surface water management improvements are damaged, not including aesthetic values. The designed function of a water body is identified in the original permit or other governmental authorization Issued for the construction of the water body. In cases where a permit was not required, the designed function shall be determined based on the purpose for the original construction of the water body (e.g. fill for construction, mining, drainage canal, etc.) (2) Damage to agriculture, including damage resulting from reduction in soil moisture resulting from consumptive use; or (3) Land collapse or subsidence caused by reduction in water levels associated with consumptive use. 10. Permittee shall mitigate harm to the natural resources caused by the permittee's withdrawals, as AO-1- determined through reference to the conditions for permit issuance. When harm occurs, or is Imminent, the District will require the permlttee to modify withdrawal rates or mitigate the harm. Harm, as determined through reference to the conditions for permit issuance includes: (1) Reduction in ground or surface water levels that results in harmful lateral movement of the fresh waterlsalt water interface, (2) Reduction in water levels that harm the hydroperiod of wetlands, (3) Significant reduction In water levels or hydroperiod in a naturally occurring water body such as a lake or pond, (4) Harmful movement of contaminants in violation of state water quality standards, or (5) Harm to the natural system including damage to habitat for rare or endangered species. 11. If any condition of the permit is violated, the permit shall be subject to review and possible modification, enforcement action, or revocation. 12. Authorized representatives of the District shall be permitted to enter, inspect, and observe the permitted system to determine compliance with special conditions, 13, The Permittee is advised that this permit does not relieve any person from the requirement to obtain all necessary federal, state, local and special district authorizations. 14. The permit does not convey any property right to the Permittee, nor any rights and privileges other than those specified in the Permit and Chapter 40E -2, Florida Administrative Code. n Packet Page -3586- 9/13/2011 Item 17.A. Application Number: 061108 -4 YAHL MULCHING [NC FILLMORE LLC Apr(( 9, 20U7 Page 7 Limiting Conditions 15. Permittee shall submit all data as required by the implementation schedule for each of the limiti conditions to: S.F,W.M.D., Supervising Hydrogeologist - Post- Permit Compliance, Water Use n g Regulation Dept. (4320), P.U. Box 24680, West palm Beach, FL 33416 -4684. 16. In the event of a declared water shortage, water withdrawal reductions will be ordered by the District In accordance with the Water Shortage Plan, Chapter 40E -21, F.A,C. The Permittee Is advised that during a water shortage, pumpage reports shall be submitted as required by Chapter 40E -21, F.A.C. 17. The Permittee shall comply with Mandatory Year - -Round Landscape Irrigation Measures for Lee, Collier and Charlotte Counties, as established by Chapter 40E -24, F.A.C. Landscape irrigation is prohibited daily between 10:00 a.m. and 4:00 p.m. Landscape irrigation of nonathletic play areas, with even addresses may irrigate Tuesday, and/or Thursday and /or Sunday, and odd addresses (or locations without an address) may Irrigate Monday, and/or Wednesday and/or Saturday. Exceptions to the nondaydme and three -day per week schedule are described below: a) Landscape irrigation systems may be operated during restricted days and/or times for cleaning and maintenance purposes no more than once per week for no more than 10 minutes per test, b) Landscape irrigation for the purpose of watering in insecticides, funglcides and herbicides, when required by the manufacturer or by federal, state or local law, shall be allowed providing that the watering -in shall be limited to one application In the absence of specific alternative Instructions, and the watering -in shall be accomplished during normally allowable watering days and times unless a professional licensed applicator has posted a sign listing the dates of application and necessary watering -in activity. c) Any plant material may be watered using low - volume hand watering methods without regard to the watering days or times allowed pursuant to this measure. d) Landscape irrigation accomplished using reclaimed water is subject only to being prohibited between the hours of 10:00 a.m. and 4:00 p.m. 18. If reclaimed water becomes available prior to the expiration date of this permit, the Permittee shall apply for a modification of the permit to reflect that portion of the allocation which is to be provided for by reclaimed water. Reclaimed water Is considered available when an agreement is executed between both parties, the transmission lines are constructed to the project site, and necessary on -site modifications and authorizations are obtained, Packet Page -3587- Application Number: 061108 -4 YAHL MULCHING INC FILLMORE L.LG April 9, 2007 Page 8 bo :Karen Grissom C. Tears - 6862 P. MoGary -- 6861 Permit File S, Korf - 6861 WU Compliance - S. Newell -4320 ADUBESSE.% Audubon of Florida Attn: 1441 Gulf Coast Drive P.O. Sox 11387 Naples, FL 34101-1387 Audubon of Florida Attn: Mr. Jason Lauritsen 375 Sanctuary Road Naples, FL 34120 Collier County Compliance Services Attn: 2800 N. Horseshoe dr. Naples, FL 33942 Div of Recreation and Park - District 4 Attn: FDEP 1843 S Tamlami Trail Osprey, FL 34229 Engineer, City of Naples Attn: Naples 735 Eighth St South Naples Naples, FL 34102 Florida Fish & Wildlife Conservation Commission Attn: -- Imperiled Species Mgmt Section 620 South Meridian Street Tallahassee, FL 32399 -5000 S.W.F.a.P.C. Attn: Jim Seaver 1926 Victoria Avenue Fort Myers, FL 33917 Water Resource Solutions Attn: Daniel J Acquaviva Pg 428 Pine Island Rd Sw Cape Coral, FL 33991 Packet Page -3588- 9/13/2011 Item 17.A. Application Number: 061108 -4 YAHL MULCHING INC FILLMORE LLC April 9, 2007 Page 9 Yahl Mulching And Recycling Inc 2250 Washburn Ave Naples, FL 34117 ,AS Packet Page -3589- 9/13/2011 Item 17.A. 9/13/2011 Item 17.A. NOTICE OF RIGHTS As required by Sections 120.569(1), and 120.60(3), Fla. Stat., following is notice of the opportunities which may be available for administrative hearing and /or judicial review when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights. Right to Request Administrative Hearing A person whose substantial interests are or may be affected by the South Florida Water Management District's (SFWMD or District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569, 120.87, and 120.60(3), Fla. Stat. Persons seeking a hearing on a District decision which does or may determine their substantial interests shall file a petition for hearing with the District Clerk within 21 days of receipt of written notice of the decision in accordance with Rule 28- 106,111, Fla, Admin. Code. Any person who receives written notice of a District decision and fails to file a written request for hearing within 21 days waives the right to request a hearing on that decision as provided by Subsection 28106.111(4), Fla. Admin, Code. The Petition must be filed at the Office of the District Clerk of the SFWMD, 3301 Gun Club Road, P.Q. Box 24680, West Palm Beach, Florida, 33416, and must comply with the requirements of Rule 28- 106.104, Fla. Admin, Code. Filings with the District Clerk may be made by mail, hand - delivery or facsimile, Filings by e-mail will not be accepted. A petition for administrative hearing is deemed filed upon receipt during normal business hours by the District Clerk at SFWMD headquarters in West Palm Beach, Florida. Pursuant to Rule 28- 106.104, Fla. Admin. Code, any document received by the office of the District Clerk after 5 :00 p.m. shall be filed as of 8:00 a.m. on the next regular business day. + Filings made by mail must include the original and one copy and must be addressed to the Off foe of the District Clerk, P.O. Box 24680, West Palm Beach, Florida 33416. • Filings by hand - delivery must also include the original and one copy of the petition. Delivery of a petition to the District's security desk does not constitute filing. To ensure proper filing, It will be necessary to request the District's security officer to contact the Clerk's office. An employee of the District's Clerk's office will file the petition and return the extra copy reflecting the date and time of filing, + Filings by facsimile must be transmitted to the District Clerk's Office at (561) 682 -5010. Pursuant to Subsections 28- 106.104(7), (8) and (9), Fla, Admin. Code, a party who files a document by facsimile represents that the original physically signed document will be retained by that party for the duration of that proceeding and of any subsequent appeal or subsequent proceeding in that cause. Any party who elects to file any document by facsimile shall be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed with the clerk as a result. The filing date for a document filed by facsimile shall be the date the District Clerk receives the complete document. Rev. 9112/05 Packet Page -3590- 9/13/2011 Item 17.A. The following provisions may be applicable to SFWMD actions in Combination with the applicable Uniform Rules of Procedure (Subsections 40E- 0.i09(1)(a) and 40E- 1.511(%a)y Fla, Admin. Coda): (1)(a) "Receipt of written notice of agency decision" as set forth In Rule 28- 106.111, Fla. Admin. Code, means receipt of either written notice through mail or posting that the District has or intends to take final agency action, or publication of notice that the District has or intends to take final agency action. (b) If notice is published pursuant to Chapter 40E-1, F.A.C., publication shall constitute constructive notice to all persons. Until notice is published, the point of entry to request a formal or informal administrative proceeding shall remain open unless actual notice Is received. (2) if the District's Governing Board takes action which substantially differs from the notice of intended agency decision, the persons who may be substantially affected shall have an additional point of entry pursuant to Rule 28- 106.111, Fla. Admin. Code, unless otherwise provided by law. The District Governing Board's action Is considered to substantially differ from the notice of intended agency decision when the potential impact on water resources has changed. (3) Notwithstanding the timeline in Rule 28- 106.111, Fla. Admin. Code, intended agency decisions or agency decisions regarding consolidated applications for Environmental Resource Permits and Use of Sovereign Submerged Lands . pursuant to Section 373.427, Fla. Stat., shall provide a 14 day point of entry to file petitions for administrative hearing. Hearings Involving Disputed Issues of Material Fact The procedure for hearings involving disputed issues of material fact is set forth in Subsection 120.57(1), Fla. Stat., and Rules 26- 106,201 -.217, Fla. Admin. Code. Petitions involving disputed Issues of material fact shall be filed in accordance with Rule 28- 106.104, Fla, Admin. Code, and must comply with the requirements set forth in Rule 28- 106.201, Fla, Admin. Code. Hearings Not Involving Disputed Issues of Material Fact The procedure for hearings not involving disputed issues of material fact is set forth in Subsection 120.57(2), Fla. Stat, and Rules 28- 106.301 -.307, Fla. Admin. Code. Petitions not involving disputed issues of material fact shall be filed in accordance with Rule 28- 106.104, Fla, Admin. Code, and must comply with the requirements set forth in Rule 26- 106.301, Fla. Admin. Code. Mediation As an alternative remedy under Sections 120.569 and 120.57, Fla. $tat., any person whose substantial interests are or may be affected by the SFWMD's action may choose to pursue mediation. The procedures for pursuing mediation are set forth in Section 120.573, Fla. Stat., and Rules 28- 106.111 and 28106.401 -.405, Fla. Admin, Code, Choosing mediation will not adversely affect the rights to a hearing if mediation does not result in a settlement. DISTRICT COURT OF APPEAL Pursuant to Seotions 120.60(3) and 120.68, Fla. Stat., a party -who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal pursuant to Florida Rule of Appellate Procedure 9.110 In the Fourth District Court of Appeal or in the appellate district where a party resides and filing a second copy of the notice with the SFWMD Clerk within 30 days of rendering of the final SFWMD action. mev. 9112106 Packet Page -3591- F125 R 26 R27 A 28 829 R 30 19 31 9/13/2011 Item 17.A. Raz hN 1134 COLLIER COUNTY, FLORIDA N Legend Application I_r Application Sections Map Date: 4/2/2007 Application Number. 061108 -4 Y.° Permit Number: 11- 02649 -W Project Name: YAFiL MULCHING 0 i6 20 Miss EXHIBIT 1 Packet Page -3592- 46 47 48 49 50 51 52 53 9/13/2011 Item 17.A. N LU n.iARKLEY EVERLY CRAWFORD I 1 1 i I WASHBURN r 1 2 WHITE LAKE ' 8EC BLACKBURN 75 i i r. w LL Z UJ LU m J COLLIER COUNTY, FLORIDA Legend M Application Application Number: 06110$4 Permit Number: 11- 02649 -W Project Name: YAHL MULCHING Packet Page -3593- N A Map Date: 4/2/2007 EXHIBIT 2 n J 4 n � # {i W EXHIBIT 3 1 `nQw q lq .a� � W $ � S a da � a a Pilo W�� W �z" o W q � d 1112 J J 3W d W o� a 0 � a z d W X b Q d V Q (9 Z a S ti C 0. !� -7- L X11 N r N O 1.4 W CD 3 D 9/13/2011 Item 17.A. APPLICATION NUMBER: 061108 -4 /'RAINFALL STATION; Naplea OROP: Turf RRIGATION SYSTEM Sprinklar SOIL TYPE; 0.4 kRCEL ACREAGE; 2.35 PA14CEL NAME: _AND USI=: Landscape IRR. MULTIPLIER 1.3 JAN FED MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL MEAN RAINFALL 1.88 1.93 0.96 2.05 4.42 8.17 8.36 8.18 8.69 4.09 1.56 1.32 51.61 EVAPOTRANSPIRATION 1.93 2.21 3.76 5.09 6.66 7.44 7.88 7.51 6.47 5.00 3.22 2.26 59.43 AVG. EFFECTIVE RAIN 0.77 0.80 0.45 0.99 2.14 3.78 3.95 3.80 3.77 1.62 0.70 0.58 23.53 DROUGHT RAINFAL 0.64 0.66 0.37 0.82 1.78 3.14 3.28 3,15 3.13 1.51 0.58 0.46 19.52 AVERAGE IRRIGATION 1.16 1.41 3.31 4.10 4.52 3.66 3.93 3.71 2.70 3.18 2.52 1.70 35.90 DROUGHT IRRIGATION 1.29 1.55 3.39 4.27 4.88 4.30 4.60 4.36 3.34 3.49 2.64 1.80 39.91 ANNUAL SUPPLEMENTAL CROP REQUIREMENT: 39.91 INCHES ANNUAL SUPPLEMENTAL CROP WATER USE: 39.91 IN X 2.35 AC X 1.3 X 0.02715 MG /AC -IN = 3.31 MG MAXIMUM MONTHLY SUPPLEMENTAL CROP REQUIREMENT: 4.88 INCHES MAXIMUM MONTHLY SUPPLEMENTAL CROP WATER USE: 4.88 IN X 2.35 AC X 1.3 X 0.02715 MG /AC -IN 0.40 MG TOTAL ANNUAL DEMAND: 3131 MG TOTAL MAXIMUM MONTHLY DEMAND: 0.40 MG Page 1 of 1 Packet Page -3595- Exhibit No.- 5 w 1 C; � � r t� E All a ,! V o y�� M CD E g cu cu L $ � a E o ¢ °. 4 c ! � N cc � w c � � N d' r 4p- C E Z G •� C CL d � N lA Q ccN��`TT so T c •et LO w w I v � E a o � N � � a o � o E gal o a o � d i o 0 O L o It Z So CD a� Q o a� w E a � v r � �Nw s �I a� E E 0 ; U". c`�v g e E oI � a a d� a ` D o ni r C N e- 0. Ck OL! if 'a a Exhibit No: 6 0 r d a VR A,-,, CD 3 r. t5 Q � q5 c � U A So CD a� Q o a� w E a � v r � �Nw s �I a� E E 0 ; U". c`�v g e E oI � a a d� a ` D o ni r C N e- 0. Ck OL! if 'a a Exhibit No: 6 0 r d a VR A,-,, CD 3 r. REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS 1.520 ROYAL PALM SQUARE BOULEVARD; SUITE 310 FORT MYERS, FLORIDA 33919 9/13/2011 Item 17.A. Fort Myers Section July 16 SAJ --2007 -605 (IP -hwb) John & Teresa Fillmore 2250 Washburn Avenue SW Naples, Florida 34117 Dear Mr. & Mrs. Fillmore: The U.S. Army Corps of Engineers (Corps) has comple review and evaluation of your Department of the Army pe application, number SAJ- 2007 -605. Our regulations requ you have an opportunity to review the terms and conditi to final signature by the Department of the Army. Encl an unsigned Department of the Army permit instrument (p Please read carefully the Special Conditions beginn page 3'of the permit. These were developed to apply specifically to your project. Water Quality Certificat also required prior to issuance of a permit. The Corps received a copy of the State of Florida certification f project. In accordance with General Condition 5 of the any special conditions of the Water Quality Certificati been attached to the Department of the Army permit. 2008 the t that prior d is .it) . is s your rmit, have Instructions for Objecting to Permit Terms and Cond' tions: This letter contains an initial proffered permit for yoLr proposed project. If you object to certain terms and conditions contained within the permit, you may request that the permit be modified. Enclosed you will find a Notification of, I: Administrative Appeal Options and Process fact sheet and-Request for Appeal (RFA) form. If you choose to object to cert�ain terms and conditions of the permit, you must follow the direcKons provided in Section 1, Part A and submit the completed RFA form to the letterhead address. Packet Page -3597- -2- In order for an RFA to be accepted by t h must determine that it is complete, that it under 33 CFR Part 331.5, and that it has bee District office within 60 days of the date you decide to submit an RFA form, it must b e letterhead address by September 14, 2008. 9/13/2011 Item 17.A. I;. e Corps, the Corps meets the cri1teria n received b the of the RFA. Should received a Instructions for Accepting Terms and Conditions and Finalizing Your Permit: It is not necessary to submit a form to the District office, if you do not object to the decision in this letter. In this case, the permit must signed by the applicant in the space provided on the sig page of the permit. In the case of corporations, accept must be by an officer of that corporation authorized to behalf of the corporation. The party responsible for as the work is done in accordance with the permit terms and conditions must sign the permit. Please type or print t and title of the person signing below the signature and signed. SIGN AND RETURN THE PERMIT, IN ITS ENTIRETY, TO THE LETTERHEAD ADDRESS, ALONG WITH A CHECK OR MONEY ORD $100 MADE PAYABLE TO THE FINANCE AND ACCOUNTING OFF JACKSONVILLE DISTRICT. The permit will be signed by the District Engineer returned to you. It is important to note that the per valid until the District Engineer signs it. The Corps Jacksonville District Regulatory Division committed to improving service to our customers. We sti perform our duty in a friendly and timely manner while iA to preserve our environment. We invite you to take a fe minutes to visit the following link and complete our aut Customer Service Survey: http: / /regulatory.usacesurvey. Your input is appreciated — favorable or otherwise. Packet Page -3598- the RFA 0 ature pce ign on wring e name he date FOR .`ER, r is not `s ,ve to irking t ed /0'� 9/13/2011 Item 17.A. -3- i 1+ If you have any questions concerning this applicatio ,t you may contact Mr. Skip Bergmann in writing at the letterhe,d address, by electronic mail at Harry .W.Bergmann @usace.ar�y.mil, or by telephone at 239 - 334 -1975 extension 21. i Sincerely, 1' E, Enclosures Copy Furnished (w /o encls): Mr. Michael Ramsey Ramsey Incorporated 2631 4th Street Northwest Naples, Florida 34120 David S. Robbie � Chief, Regulatory Divisi'' E i Packet Page -3599- 9/13/2011 Item 17.A. A li' nt: John & Teresa Fillmore File Number. SAJ- 2007 -605 ' 0a, : July 16,1008 Attached is: ee Section below X ' INITIAL PROFFERED PERMIT Standard Permit or Letter of etmission A 1 PROFFERED PERMIT Standard Permit or Letter of permission)E1 I PERMIT DENIAL f APPROVED JURISDICTIONAL DETERMINATION I) i PRELIMINARY JURISDICTIONAL DETERMINATION G a 7 - A: �IIT[AL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT.• lfyou received a Standard Permit, yott may sign the permit document and returit it to the district engr Qerforfnal z(glzature authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized Your on the Standar d Permit or acceptance of the LOP means that yon accept the permit in its entirely, and waive all rights to appeal the permit,{ Mcluding its tee ins and conditions, and approved jurisdictional determinalions associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you ma request that the pen-nit b dified accordingly. You must complete Section 11 of this form and return the form to the district engineer. Your objections must be received e m by th� district 60 days the date forfeit in the fut,6,e. Upon engineer within of of this notice, or you will your right to appeal the permit receipt of the district the your letter, engineer will evaluate your objections and may: (a) modify the permit to address all of your conccMs,:.(b) modify permit to having determined be issued After address some of your objections, or (c) not modify the pen-nit that the permit should as p*i6usty written. evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT.• lfybu recehed a Standard Permit, you may sign the permit document and miurr it to the district eng neerfor final authorization. Ifyon received a Letter of Permission (LOP), you may accept the LOP andyour work is authorized Your Ignature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permilj Mchrding its lerms and conditions, and approved jurisdictional determinations associated with the permit. i • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditi1mo therein, you may fppeai the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this f rnv and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal ProSkss by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer �within 60 days of the date of this notice 1. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT. You do not need to note the Corps to accept an appr oted JD. Failure 10 not fy rite Corps within 60 days of the date of this notice, means that you accept the approved JD in Its entirely, and maize all rights to appeal the approved JD. f - • APPEAL: If you disagree with the approved 1D, you may appeal the approved JD under the Corps of Engineers! /administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the pr�:liOnary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the.Cotps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. 1 i Packet Page -3600- IS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or you 9/1 3/2011 Item 17.A. pehnit in clear concise statements. You may attach additional information to this form to clarif, s are addressed in the administrative record.) I ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative .record, the Corps m :ulorandum for the record o£ the appeal conference or meeting, and any supplemental information that the review officer has dete -iiuned is needed to clarTy the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you ;nay provide additional information to clarify the location of information that is alreadz in the adninistratve record. If y u have questions regarding this decision and/or the appeal If you only have questions regarding the apj)eal process you may process you may contact: also contact: f ` for process: i Project Manager as noted in letter Stuart Santos 90x4- 232 -- le r OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and an, tants, to conduct investigations of the project site during the course of the appeal process. You will be of any site investigation, and will have die opportunity to participate in all site investigations. Signature of appellant or agent. Date: Packet Page -3601- 'ovided a 15 day e number: DEPARTMENT OF THE ARMY PERMIT Permittee: John & Teresa Fillmore 2250 Washburn Avenue SW Naples, Florida 34137 Permit No: SAJ- 2007- 605(IP -hwb) Issuing Office: U.S. Arm 9/13/2011 Item 17.A. l i i. •ineer District, Jacksonvil: NOTE: The term "you" and its derivatives, as used in thi permit, means the permittee or any future transferee. T "this office" refers to the appropriate district or divi office of the Corps of Engineers having jurisdiction ove permitted activity or the appropriate official of that o acting under the authority of the commanding officer. You are authorized to perform work in accordance with t and conditions specified below. Project Description: Expand an existing vegetation mulct recycling center known as the "Yahl Mulch and Recycling C by discharging 2,788 cubic yards of fill and excavating 2 cubic yards of fill from 6.37 acres of forested wetlands. work described above is to be- completed in accordance wi pages of drawings [Attachment A] affixed at the end of t permit instrument. Project Location: The project site is within the Golden drainage basin at 2250 Washburn Avenue, in Section 31, T 49 South, Range 27 East, Collier County, Florida. Latitude & Longitude: Latitude 26.157 N, Longitude 81.65 Packet Page -3602- r term Wn the Tice terms zg and ter, " 13 The the 9 Gate �vinship W i i� t•. i is n 9/13/2011 Item 17.A. SAJ- 2007- 605(IP -hwb) Yahl Mulching PAGE 2 of 14 Permit Conditions General Conditions: 1. The time limit for completing the work authorized end's on If you find that you need more time to complete he authorized activity, submit your request for a time exte{i; ion to this office for consideration at least one month before Lie above date is reached. 2. You must maintain the activity authorized by this pe� 'mi t in good condition and in conformance with the terms and con itions of this permit. You are not relieved of this requiremen.�if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General' Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of tiffs permit from this office, which may require restoration ofthe area. ! 3. If you discover any previously unknown historic or ; archeological remains while accomplishing the activity authorized by this permit, you must immediately notify tlis office of what you have found. We will initiate the Fed ?ral and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. i 4. If you sell the property associated with this permitJyou must obtain the signature and the mailing address of the new copy of the pe3�m owner in the space provided and forward a co �m it to this office to validate the transfer of this authorizatir. . 5. If a conditioned water quality certification has b.eerc! issued for your project, you must comply with the conditions spcified in the certification as special conditions to this perm i For your convenience,.a copy of the certification is attachedlif it contains such conditions. is 6. You must allow representatives from thip office to inspect the authorized activity at any time deemed necessary to Insure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Packet Page -3603- 9/13/2011 Item 17.A. SAJ- 2007- 605(IP -hwb) Yahl Mulching PAGE 3 of 14 Special Conditions: 1. Reporting Address: All reports, documentation and correspondence required by the conditions of this permit shall be submitted to the following address: U.S. Army Corps C) Engineers, Regulatory Division, Enforcement Section, P.0 Box 4970, Jacksonville, FL 32232. The Permittee shall refe ence this permit number, SAJ --2007 -605 (IP -hwb), on all submittals. 2. Commencement Notification: Within 10 days from the Gate of initiating the authorized work, the Permittee shall provide to the Corps a written notification of the date of commencen� nt of work authorized by this permit. 3. Wetland Avoidance /Minimization Areas: The Permittee shall avoid the remaining 0.3 acre of onsite wetlands, (Attachmmnt A /as detailed on Drawings 3 -4). This natural wetland ar 4 was avoided as part of the permit application review process and therefore will not be disturbed by any dredging, filling,: mechanized land clearing, agricultural activities, or ofh 'r construction work whatsoever. The Corps reserves the ric t to deny review of any requests for future impacts to this neural wetland area. 4. Erosion Control: Prior to the initiation of any wor authorized by this permit, the Permittee shall install e dsion control measures along the perimeter of all work areas t{' prevent the displacement of fill material. Immediately ''ter completion of the final grading of the land surface, allis,lopes, land surfaces, and filled areas adjacent to wetlands shalEl be stabilized using sod, degradable mats, or a combination df . similar stabilizing materials to prevent erosion. The erq.sion control measures shall remain in place and be maintained Vuntil all authorized work has been completed and the site has bleIen stabilized. S. Mitigation Credit Purchase: Within 30 days from the ;date of initiating the authorized work or 12 months from the effective date of this permit, whichever first occurs, the Permittee shall provide verification to the Corps that 3.32 federal mitigation bank credits have been purchased from the Big Cypress MitIi'gation Bank. The required verification shall reference this project's permit number (SAJ - 2007 - -605). t. Packet Page -3604- 9/13/2011 Item 17.A. SAJ- 2007- 605(IP -hwb)` n Yahl Mulching PAGE 4 of 14 6. Compensatory Mitigation: Within 6 months from the date of initiating the authorized work or 12 months from the effrtive date of this permit, whichever first occurs, the Permitte shall Manually remove Category I and II invasive exotic plant 11 pecies from 11.71 acres of on -site invasive exotic invaded wetiTn'ds as j detailed in Attachment A, Drawings 8 through 9 of 9. This on- site compensatory mitigation area shall be preserved in perpetuity in accordance with the Conservation Easement �'pecial i Condition of this permit. } 7. Performance Standards: To meet the objectives of thi: (' approved compensatory mitigation plan, the Permittee sha.]. I achieve the foil -win erf k' T\ V p ormance standards. a. At least 80 percent cover by appropriate wetland J ,pecies FAC or wetter). i =. b. Cover of Category I and II invasive exotic plantpecies pursuant to the most current list established by the Floj�da Exotic Pest Plant Council at http://www.flep2c.org, and t�cclie nuisance species primrose willow (Ludwigia peruviana), dogfennel (Eupatorium capillifolium), Bermudagrass (Cynodon spp.), Bahiagrass (Paspalum notatum) , and cattail (Typha spp.) E all total less than 5 percent. j' c. Less than 20 percent mortality of planted wetland species. The Permittee shall achieve the above performance standai the end of the 5 -year monitoring period, with no mainten� during the 5th year of monitoring. In the event that the Performance standards have not been achieved, the Permitt shall undertake a remediation program approved by the Coi accordance with the Remediation Special Condition of thi: permit. 8. Monitoring and Reporting Timeframes: To show compli with the performance standards the Permittee shall compl following: a. Perform a time -zero monitoring event of the wetlar mitigation area(s) within 60 days of completion of the compensatory mitigation objectives identified in the Compensatory Mitigation Special Condition of this permit. Packet Page -3605- Is by ice _above s in e the 9/13/2011 Item 17.A. I� SAJ- 2007 --605 (IP -hwb) Yahl Mulching PAGE 5 of 14 b. Submit the time -zero report to the Corps within 6 of completion of the monitoring event. The report will at least one paragraph depicting baseline conditions of mitigation site(s) prior to initiation of the compensato mitigation objectives and a detailed plan view drawing o created, enhanced and /or restored mitigation areas. days clude all c. Subsequent to completion of the compensatory mitigation objectives, perform semi- annual monitoring of the wetlan,1 mitigation areas for the first 3 years and annual monitoring thereafter for a total of no less than 5 years of monito.�ing. d. Submit annual monitoring reports to the Corps withy in 60 days of completion of the monitoring event. Semi - annual monitoring will be combined into one annual monitoring ro: ort. e. Monitor the mitigation area(s) and submit annual ; monitoring reports to the Corps until released in accordance with the Mitigation Release Special Condition of this permit. 9. Reporting Format: Annual monitoring reports shall f llow a 10 -page maximum report format for assessing compensatory mitigation sites. The Permittee shall submit all documem, ation to the Corps on 81,�-inch by 11 -inch paper, and include thEt following: a. Project Overview (1 Page): (1) Department of the Army Permit Number t° i (2) Name and contact information of Permittee an4'. consultant (3) Name of party responsible for conducting their monitoring and the date(s) the inspection was conducted (4) A summary paragraph defining the purpose for}t'he approved project, acreage and type of aquatic resources 1. impacted,'and mitigation acreage and type of aquatic resources authorized to compensate for the aquatic impacts (5) Written description on the location and any identifiable information to locate the site perimeters) Packet Page -3606- n 9/13/2011 Item 17.A. SAJ- 2007 --605 (IP -hwb) Yahl Mulching PAGE 6 of 14 highway) (6) Directions to the mitigation site (from a major (7) Dates compensatory mitigation commenced and /or was completed (8) Short statement on whether the performance standards are being met (9) Dates of any recent corrective or maintenance activities conducted since the previous report submission (10) Specific recommendations for any additional corrective or remedial actions. b. Requirements (1 page): List the monitoring requirements and performance standards, as specified in the approved mitigation plan and special conditions of this permit, and evaluate whether the compensatory mitigation project site: is successfully achieving the approved performance standard: or trending towards success. c. Summary Data (maximum of.4 pages): Data shall be provided to substantiate the success and /or potential challenges associated with the compensatory mitigation project. Any photo documentation shall be dated and clearly labeled with the direction from which the photo was taken, and be identified on the appropriate maps. d. Maps (maximum of 3 pages): Maps shall be provided to show the location of the compensatory mitigation site relative to other landscape features, habitat types, locations of photographic reference points, transects, sampling data points, and /or other features pertinent to the mitigation plan. e. Conclusions (1 page): A general statement shall be included describing the conditions of the compensatory mitigation project. If performance standards are not being met, a brief explanation of the difficulties and potential remedial actions proposed by the Permittee, including a timetable, shall be provided. Packet Page -3607- 9/13/2011 Item 17.A. SAJ- 2007- 605(IP -hwb) Yahl Mulching - PAGE 7 of 14 10. Remediation: If the compensatory mitigation fails the performance standards 5 years after completion of th compensatory mitigation objectives, the compensatory mit will be deemed unsuccessful. Within 60 days of notifica the Corps that the compensatory mitigation is unsuccessf Permittee shall submit to the Corps an alternate compens mitigation proposal sufficient to create the functional required under the permit. The alternate compensatory mitigation proposal may be required to include additiona mitigation to compensate for the temporal loss of wetlan function associated with the unsuccessful compensatory mitigation activities. The Corps reserves the right to evaluate, amend, and approve or reject the alternate compensatory mitigation proposal. Within 120 days of Co approval, the Permittee will complete the alternate comp mitigation proposal. il. Mitigation Release: The Permittee's responsibility complete the required compensatory mitigation, as set fo the Compensatory Mitigation Special Condition of this pe will not be considered fulfilled until mitigation succes been demonstrated and written verification has been prov the Corps. A mitigation area which has been released wi require no further monitoring or reporting by the Permit however the Permittee, Successors and'subsequent Transfe remain perpetually responsible to ensure that the mitiga area(s) remain in a condition appropriate to offset the authorized impacts in accordance with General Condition this permit. 12. As- Builts: Within 60 days of completion of the aut work or at the expiration of the construction window of permit, whichever occurs first, the Permittee shall subm built drawings of the authorized work and a completed As Certification Form (Attachment C) to the Corps. The dra shall be signed and sealed by a registered professional and include the following: a. A plan view drawing of the location of the author work footprint (as shown on the permit drawings) with an of the work as constructed in the same scale as the atta permit drawings (84i-inch by 11- inch). The drawing shoul all "earth disturbance," including wetland impacts, wate management structures, and any on -site mitigation areas. Packet Page -3608- meet lat i on Lon - by the ory Lft f �lly s satory i To sh in I it {has led by T ;e; les Ion `o of irized its i as- uilt 'ngs gineer ,verlay 'ed show 9/13/2011 Item 17.A. SAJ- 2007- 605(IP -hwb) Yahl Mulching PAGE 8 of 14 b. List any deviations between the work authorized b permit..and the work as constructed. In the event that t completed work deviates in any manner from the authorize describe, on the As -Built Certification Form, the deviat between the work authorized by this permit and the work constructed. Clearly indicate on the as -built drawings deviations that have been listed. Please note that the depiction and /or description of any deviations on the dr and /or As -Built Certification Form do not constitute app any deviations by the U.S. Army Corps of.Engineers. c. The Department of the Army Permit number. d. Include pre- and post - construction aerial photogr the project site, if available. 13. Record Permit: The Permittee shall record this per the Clerk of the Circuit Court, Registrar of Deeds or of appropriate official charged with the responsibility of maintaining records of title to or interest in real prop within the county of the authorized activity. Within 90 from the effective date of this permit the Permittee sha provide a copy of the recorded permit to the Corps clear showing a stamp from the appropriate official indicating book and page at which the permit is recorded and the da recording. 14. Conservation Easement: The Permittee shall presery acre(s) of wetlands and 0.00 acre(s) of uplands (Consery Areas) in perpetuity by recording a conservation easemen the boundaries and location annotated on the attached pe drawing 8 & 9 of 9, and in accordance with procedures ou in Special Condition No. 24 of the attached South Florid Management District permit and the following conditions: this work, ns y ings val of hs of pit with .er i ty days 1 ' i the e of 11.71 tion within dlit lined !Water a. Within 30 days from the date of initiating the autz;orized work or 12 months from the effective date of this permit,[ whichever first occurs, the Permittee shall submit to the';Corps a copy of the recorded conservation easement document wi�h exhibits (including legal description and sketch). b. Any deviation from the established conservation easement cannot be performed without a modification to this permi'd Packet Page -3609- 9/13/2011 Item 17.A. SAJ- 2007- 605(IP -hwb) Yahl Mulching PAGE 9 of 14 instrument. The ability to modify or remove this conser- ration easement is neither implied nor guaranteed. If the conservation easement is removed for any reason, the Permittee shall provide appropriate mitigation to compensate for functional wetland loss. 15. Threatened and Endangered Species: a. The Permittee shall implement the "STANDARD PROTECTION MEASURES FOR THE EASTERN INDIGO SNAKE (attachment D). b. The Permittee shall enhance and preserve 11.73 acres of on -site wetlands and purchase 3.32 wetland credits from the BCMB to minimize potential impacts to the wood stork. c. The Permittee shall enhance and preserve 11.73 acres of on -site wetlands, purchase 3.32 wetland credits from the BCMB, and enhance and preserve a 4.781 -acre parcel known as thc! "Markley Parcel" (attachment E), to minimize potential iripacts to the Florida panther. Within six months from the issuance of this permit, the applicant shall provide documentation tc> the Corps of Engineers that the Collier Soil & Water Conservation District has accepted the obligation to enhance and preserve the "Markley Parcel" in perpetuity. 16. Fill Material: The Permittee shall use only clean frill material for this project. The fill material shall be ftee from items such as trash, debris, automotive parts, asphalt, construction materials, concrete block with exposed reinforcement bars, and soils contaminated with any toxic: substance, in toxic amounts in accordance with Section 307 of the Clean Water Act. Packet Page -3610- 9/13/2011 Item 17.A. SAJ- 2007 --605 (IP -hwb) Yahl Mulching PAGE 10 of 14 Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: ( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). (X) Section 404 of the Clean Water Act (33 U.S.C. 1314). ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal projects. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. C. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modificE.tion, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the Packet Page -3611- 9/13/2011 Item 17.A. SAJ- 2007 -605 (IP -hwb) �--. Yahl Mulching PAGE 11 of 14 Public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any time the circumstance: warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a., You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (see 4 above). C. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it: is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures n such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you comply with the terms and conditions of your permit and for the initiation of lega]. action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions: General Condition 1 establishes a time Limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. Packet Page -3612- 9/13/2011 Item 17.A. SAJ- 2007- 605(IP -hwb) Yahl Mulching PAGE 12 of 14 Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. (PERMITTEE) (PERMITTEE NAME - PRINTED) (DATE) This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. (DISTRICT ENGINEER) Paul L. Grosskruger Colonel, U.S. Army District Commander Packet Page -3613- (DATE) 9/13/2011 Item 17.A. SAJ- 2007- 605(IP -hwb) Yahl Mulching PAGE 13 of 14 When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (TRANSFEREE- SIGNATURE) (NAME - PRINTED) (ADDRESS) (CITY, STATE, AND ZIP CODE) (DATE) Packet Page -3614- SAJ- 2007 -605 (IP --hwb) Yahl Mulching PAGE 14 of 14 Attachments to Department of the Army Permit Number SAJ -2007 -605 A. PERMIT DRAWINGS 9 pages, dated 2 April 2008. 9/1 i B. WATER QUALITY CERTIFICATION: Specific Conditions of water quality permit /certification in accordance with Ge Condition number 5 on page 2 of this DA permit. 4 pages C. AS -BUILT SPECIAL CONDITIONS: 3 pages. D. STANDARD PROTECTION MEASURES FOR THE EASTERN INDIGO pages. E. MARKLEY PARCEL Parcel: 6 pages. Packet Page -3615- 3/2011 Item 17.A. i e ral i AKE: 2 i 1 i s i f i. r i } SAJ- 200 7 -605( I P -hwb ) Yahl Mulching ATTACHMENT A: PERMIT DRAWINGS 9 pages dated 2 April 2008 Packet Page -3616- 9/13/2011 Item 17.A. 1w 9/13/2011 Item 17.A. 5 0 5 10 15 Miles PROJECT: AH MULCHING EXPANSION WASHBURN AVE, N APLES9 FL Figure 9. Project Location Map in Collier County; ' UPDATED 92.29.0 Yahi Mulching Expansion Parcel, 2280 Washburn Ave., Sec. 39, Twn 49, Roe 27, totaling approximately 28.8 acres. n Packet Page -3617- SAJ- 2007- 605(1P -hwb) Yahl Mulching Project Plans 2 April, 2C 08 Psge I of 9 N C 9/13/2011 Item 17.A. PROJECT LOCATI O14 ®E TA! L� MAP _I L 11 FT L____ YAHL NJULCHING & ®�I`c RECYCI.CItIG, ANC R ° -40 PROJECT: 'YAHL MULCHING & RECYCLING7 INC SAJ 2007 605 Figure 2. Project Location Detail Map in Collier County; Yahl Mulching Expansion Parcel, 2250 Washburn Ave., Sec. 31, Twn 49, Rge 27, totaling approximately 28.8 acres. Packet Page -3618- SAJ- 2007- 605 (IP -hwb) Yahl Mulching Project Plans 2 April, 2008 Page'! of 9 N W JMR04�I III II1111111��if��f�r fiffa HL MULCHING EXPANSION ruu u �uu lc�o f=eet PiSHBURN AVE NAPLES FL NMI KOJECT: YAHL MULCHI a7AJ 2007 ROn 9/13/2011 Item 17.A. WASHBURN AVENUE ^ F��.•�� ' \ WATER MAN A Eh1E 000000 1 - 4 OO.Q.._. 000000 000000 0 0 0 0 0 0 OFF] ANC AREA RECYCLINCI ;MA 000000 W � ®� ' . - = - r _ z T WAT�4 4{AIUjCE!(EN L OWNIIARY RECYCLING AREA ........... . • • . • , - • . • . . - # i ,gp�• - _y`°� • • WETLAND "RESERVE • ' ' • - RECYCLING AREA 8S.•. .'.'.'•'.'... .. . . . . . . . . •P�o��Cfi 'QurtFatrf�, ' ' ........ . Z. (� r ST G£/RECYCL 40 AREA a - / • . • . • , • • •f a WET DETEN$OIf P . . . . . . . . . . . . . ' ' ' _ . . . . . . . . . . . . . ....'.'. .•.'. .'.'. .- .'.'.'. .. .. . .. ........ INTERSTATE 75 CANAL ` —*- FLOW PATH ET DETENTION POND IINA R. G REENI P. A, ri Ei I•�f .'I 5;;;1 ; '� i l• I f a't E N. k';. :.AP; -r a. r L -�4' .n%i— mi0 -3 ?: Y A H L A-I U LCD' H I NG POST DEVELOPIMENT RUNOFF MAP D`r'G HH P0ST[jEvEL(-1Pt JFN SCALE: 1' =2w�• Packet Page -3621- SAJ- 2007 - 605111' -hxvb) Yahl Mulciing Project Plans 2 April, 2008 _ Page 5 of 9 ,- 9/13/2011 Item 17.A. WETLAND DREDGE & FILL MAP SEE FIG SA FOR IDENTIFICATION AND CALCULA'PioNS AC w IffCYPLING JJAI AMA AC f.e AC "AYCC ANO l 41743 A 5 ors 4 WAC AC !.YAC la's AC ~� g qgg Jr/BC146 BA r� a PROJECT: 1NAL �IlULO[�irNG HIBURN A1/E. Figure 5. Wetland Dredge A Fitt Mapl Eahl Matching Ex anion parc$l 2250 Washb rn pp ac. r 7tinrn 49, Ige 27, totaiinA approximateyy A EXPANSION 100 0 100 200 Feet MAPLES, FL SAJ- 2007- 605(1P- -h%vb) Yahl Mulching ve. Project Plans .e acres. 2 April, 20011 Page 6 of 9 ° Packet Page -3622- 1-0\ 14 . 9/13/2011 Item 17.A. WETLAND DREDGE FIi,L. CA�LClJL1Q�TtGN 624/8146 #8 P(ne /Cypr ®sslPalm — AI p O d by toad clearing 1 CU YDS C: 207 CU YDS TOT! L:0741 CU YDS 624 #7 Pine /Cypress /Palm FILL : F: 1518 CU YDS 624 #5 Pine /Cypress /Palm FILL : G: 214 TOT 80 CU YDS AL: 494 CU YDS 6241743 93 Pine /Cypress /Palm! Spoil plies FILL : J: 28_CU YDS EMS21 04 Cypress FILL: K: 7 CU YDS FILL IOTA 272788 CU YDS PROJECT: Y ir 624!8'146 #6 Pine/ty ress /Palm Impacted by road clear ?ng DREDGE: E: 1 840 CU Y® S ® 624 #11 Pine /Cypress /halm DREDGE: I: 573 CU YDS DREDGE Y TOTAL: 2413 CU YDS INGp�r EXPAN SION A&UP fdAf13l Cd_% �d Figure 5A. Wetland Dredge & pill Calculatiansl ahl Mulching Ex ansfon pp�reel 2250 W shbun ec. 1t Twn 49, �$@'2 t totaiinj approximately Packet Page -3623- SAJ -2007 -605 (1 P- limb) Yahi Mulching Project Plans 2 April, 2006 Page 7 of S ■ 0:.��•� AMO N, Aol _=% lvl.cmINO E](PA gl.lRN AV= LIAM 6 -- Ai- I -Z�.§ --ww ■w�ft- 47/0,01 h N Q W N z a 0 rn (L 0 M z a F UJ z f- SKETCH OF 9/13/2011 Item 17.A. LEGAL DESCRIPTION OR; 4236 PG; 0753 SECTION 31. TOWNSHIP 49 SOUTH, RANGE 27 EAST COLLIER COUNTY. FLORIDA KANUL V EAST THIS IS NOT A SURVEY. DESCRIPTION FOR: BY c �� CAROL E. NELSO IPWRMA RV). No. 01 YAHL MULCHING SKETCH OF LEGAL DESCRIPTION FOR CONSERVATION EASEMENT SCAM _ DATE; 1 Packet Page -3625- SAJ- 2007- 605(IP- hti,b) Yahl Mulching .r Project Plans 2 April, 2008 Page 9 of 9 :ET --. t OF 2 SAJ- 2007 -605(1 P -hwb) Yahl Mulching ATTACHMENT B: 9/13/2011 Item 17.A. WATER QUALITY CERTIFICATION SFWMD Environmental Resource Permit No. 11- 02649 -P dated March 1:5, 2007 32 Special Conditions (4 pages) n n Packet Page -3626- SAJ -2007 -605(1 P -hwb ) n Yahl Mulching ATTACHMENT C: SPECIAL CONDITIONS As -Built Special Conditions (3 Page) Packet Page -3627- 9/13/2011 Item 17.A. 9/13/2011 Item 17.A. AS -BUILT DRAWINGS 1. The permittee shall provide as -built drawings of the authorized work, including mitigation, and a completed As -Built Certification Form. The drawings and Certification Form are to be submitted within 60 days of completion of the authorized work, including mitigation, or at the expiration of the construction authorization of the permit, whichever comes first. The drawings and Certification Form must be signed and sealed by a professional engineer registered in the State of Florida. In the event that the completed work deviates from the approved permit drawings and special conditions, the permittee shall describe, on the Certification Form, the deviations between the work authorized by the permit and the work as constructed. A blank form is attached. Please note that the depiction and description of the deviations on the drawings and Certification Form does not necessarily mean that the Corps will approve of them. 2. As -built drawings shall include: a. Location of the authorized work footprint (as shown on the permit drawings) with an overlay of the work as constructed. b. Clear indication of any deviations which have been described on the As -Built Certification Form. c. The Department of the Army Permit Number. d. A plan view of the overall footprint of the project showing all "earth disturbance ", including wetland impacts, water management structures, and any on -site mitigation areas. e. A detailed plan view of all created and/or restored or enhanced mitigation areas showing planting zones, and cross - sections of the mitigation areas showing elevations corresponding to the plantings; elevations of the inverts of any control structures (inflow and outflow) servicing the mitigation areas. f) Any stormwater management system, that is a part of a wetland creation, restoration or enhancement mitigation project, especially elevations of the inverts of the control structures. Packet Page -3628- 9/13/2011 Item 17.A. AS -BUILT CERTIFICATION BY PROFESSIONAL ENGINEER Submit this form and one set of as -built engineering drawings to the U.S. Army Corps of Engineers, Enforcement Branch, Post Office Box 4970, Jacksonville, Florida 32232- 0019. If you have questions regarding this requirement, please contact the Enforcement Branch at 904 - 232 -2907. T. Department of the Army Permit Number: 2. Permittee Information: Name Address 3. Project Site Identification: Physical iocation/address 4. As -Built Certification: I hereby certify that the authorized work, including any mitigation required by Special Conditions to the permit, has been accomplished in accordance with the Department of the Army permit with any deviations noted below. This determination is basod upon on- site observation, scheduled and conducted by me or by a project representative under my direct supervision. I have enclosed one set of as -built engineering drawings. Signature of Engineer Name (Please type) (FL, PR or VI) Reg Number Address Company Name City State ZIP (Affix Seal) Date Telephone Number Packet Page -3629- 9/13/2011 Item 17.A. Deviations from the approved permit drawings and special conditions: (attach additional pages if necessary) Packet Page -3630- n SAJ- 2007 -605(1 P -hwb) Yahl Mulching ATTACHMENT D: SPECIAL CONDITIONS STANDARD PROTECTION MEASURES FOR THE EASTERN INDIGO SNAKE (2 Pages) Packet Page -3631- 9/13/2011 Item 17.A. SAJ- 200 7 -605 (I P -hwb) Yahl Mulching STANDARD PROTECTION MEASURES FOR THE EASTERN INDIGO SNAKE 9/13/2011 Item 17.A. 1. The permittee shall coordinate with the Fish and Wildlife Service's (FWS) South Florida Ecosystem Office during the establishment and implementation of eastern indigo snake protection plans. 2. A qualified biologist shall be present on site during all construction and clearing phases of the project. The name(s) and qualification of the proposed biologi>t(s) shall be submitted to the FWS for review and approval. 3. An eastern indigo snake protection /education plan shall be developed for all construction crew to follow. Educational materials should include a combination of posters or videos, pamphlets, and lectures. The protection plan shall be provided to the FWS for review and approval 30 days prior to any construction or clearing activities. The protection plan should include the following information: a. a description of the eastern indigo snake, its habits and protection under Federal Law; b. instructions not to injure, harm, harass or kill this species; C. directions to notify the qualified biologist or designated leader if an Eastern indigo snake is sighted; d. directions to cease construction activity, notify the qualified biologist, and allow the eastern indigo snake sufficient time to move away from the site on its own before resuming construction. If an approved relocation program is to be used, the qualified biologist should be notified of any sightings of an eastern indigo snake and construction should cease immediately. The qualified biologist should promptly relocate the eastern indigo snal.Ei before resuming activity (only the qualified biologist is permitted to come in contact with, or relocate an eastern indigo snake); and e. telephone numbers of pertinent agencies to be contacted if an ea'tc:rn indigo snake is found dead. Packet Page -3632- 9/13/2011 Item 17.A. SAJ- 2007- 605(IP -hwb) Yahl Mulching 4. The applicant should coordinate with the Florida Fish and Wildlife Conservation Commission (FWC) to determine *if they have already established a relocation program for gopher tortoises. If gopher tortoises are present, the qualified biologist shall map and flag the location of all gopher tortoise burrows on the site. Prior to actual clearing, the qualified biologist shall update that initial survey no more than two weeks prior to clearing. These maps shall be made available to all construction crews. The: qualified biologist shall also be responsible for identifying potential release sites prior to construction. This information should be submitted to the FWS for review and approval 5. An underground camera shall be used to investigate each gopher tortoise burrow for eastern indigo snakes. If the survey finds an eastern indigo snake and the burrow will be destroyed by construction activity, then burrows shall then be carefully excavated with a backhoe while monitoring the snake's position and condition with the underground camera. In burrows that are unsuitable for camera use, the burrow will be carefully excavated with a combination of backhoe and hand excavation. 6. If an eastern indigo snake is found in the burrow, it will be captured and released immediately into a pre - identified and approved preserve area near a marked inactive or abandoned gopher tortoise burrow. Eastern indigo snakes shall only be held in captivity long enough to transport them to a release site; at no time shall two snakes be . kept in the same contdiner during transportation. A map of marked available inactive or abandoned burrows should be made available to the qualified biologist. This will allow for prompt release of an eastern indigo snake. 7. A monitoring report summarizing all activities pertaining to the eastern indigo snake shall be provided to the FWS. This report shall be submitted within 60 days of the conclusion of clearing and construction phases and following maintenance activities that may occur. The report shall contain the following information: a. any sightings of eastern indigo snakes; 6. summaries of any relocated snakes (e.g., locations of where and when they were found and relocated); C. thorough description of the preserve area (e.g., types of habitat, percent cover of dominant species); and d. summaries of maintenance activities and schedules. �. 2 Packet Page -3633- SAJ- 2007 -605(1 P -hwb) Yahl Mulching 9/13/2011 Item 17.A. ATTACHMENT E: SPECIAL CONDITIONS Markley Parcel (6 pages) Packet Page -3634- 9/13/2011 Item 17.A. PROJECT LOCATION MAtp I 5 0 5 10 15 Miles Figure 4. Project Location Map; ,'7LLMORE MARKLEY Parcel, south of Markely Ave, PIO 00338280000, � se 31, Twn 49, Rge 21, totaling approx. 5.0 acres. Packet Page -3635- ,t Ramsey Inc. Environmen al Consulting 2631 4th St. NW Napples, FL 34420 239.954.16150 0141:19A MoTefit d[1'1,1e1 m PA I I I 111 Ills J) 9/13/2011 Item 17.A. SOIL MAP Figure 3 . Soil Map of project location. Source US De t. of Agriculture, Natural Resource Conservation Service, 9990, Soil Surveys, Floirida; 1LLMQRE MARKLEY Parcel, south of Markely Ave, PID 00338280000, 3c 34, Twn 49, Rge 27, totaling approx. 5.0 acres. Packet Page -3637- Ramsey Inc. Environmeiftal Consulting 2634 4th Sid. NW Naples, FL 34420 239.564.4 650 a 0 R®JEC T: FILLMORE PID 00338250000 MAI 0 -, kl_ V-1 j Al Vj k 2!, it T"T Al rV_ , LI -At— ,Z WK f F, -2, :1P 3 _1 IV- Q, `Vh oL wa, "u, 'je v -,4 Aw KJl 1� r�W�4. Y, 'I ", -. d,t , yr I c . I _� ��. � 2'. , , - '. OY 4 j I ix, 49� I •IahTiffel111rAl :Irj ` F•i AIN 3 - 3 � �i� aY ` � K � - t't'!t i/. n l f� z' i l Ty T1 fib t � f ! 1 � rl. 3 �_ 1 y� s�_-��' . s X71 r3 r iv >, 'e ? fRri. f �t � 6'}'r ` s�� 1 � ✓a.. i Fr1 r ly S',aJa�.'.`lrt A Zi t I "# 19 r. fs� is f i 'S LY r .3� t_i.A•f r i ?.+ Iiraf.+r a �� jA� r.� $ 010 r f 1� -f �( I' F t r!} q 1 55-f6, r, - _ 'r t� t. la•;ya fK sit' i1 i j. Y.} >•�t_ �"rti 3 `� y A }fC t 7t f at'J Er } r j„�'sM1, rt Y , f i x fit. r a i? q r NOV. ' y 3r MOW i $r »zrz i t} ♦ z h h# i �- �'+,.� —WAS y � � pi.. 4 .._ .x7 t jttl ➢� _ r -r'ii .i rt s st Zy 13;1 '.t /.. 1{ . ' j Qr`.t f 3 Sma, 1 L c no J z.. 1tw LLB ORE PI® 003382RD®nn I 1 9/13/2011 Item 17.A. 0D • Wednesday, August 24, 2011 • Naples Daffy News NOTICE OF PUBLIC HEARING Notice is hereby given that on Tuesday, September 13, 2011, at 9:00 a.m. in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL; the Board of County. Commissioners (BCC), acting as the Board of Zoning Appeals (82A), will consider. . CU- PL2010 -166: Yahl Mulching & Recycling, Inc. - A Resolution of the Board of Zon- ing Appeals of Collier County, Florida providing for the establishment of a Condi- tional Use to allow a collection and transfer she for resource recovery within an Agricultural (A) zoning district pursuant to Subsection 2.03.01- A.1.C.12 of the..Col- lier County Land Development Code for property located in Section 31, Township 49 South, Range 27 East, Collier County, Florida. [Coordinator: .Nancy Gundlach, AICP, RLA, Principal Planner[ A copy of the proposed Conditional' Use is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any individuar to speak on behalf of an organization or group is encouraged. If recog- nized by the Chairman, a spokesperson for a group or organization may allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board wdI become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a ver- batim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to par- ticipate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Depart- ment, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112- 5356, (239) 252 -8380, at least two days prior to the meeting, Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD Of COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski Deputy Clerk (SEAL) Aunust 24. 2011 Not gl iggn Packet Page -3641-